Who has better chance of child custody - mother or dad?
If this refers to the unborn child the laws of the state where the child is born would apply. Generally the unmarried mother regardless of her age has full automatic custody of the child except under extraordinary circumstances. If the mother is unmarried and the father wishes to share custody he must first establish paternity (usually through DNA testing), even though he claims to be the father.
He can always ask the courts to stop you from moving, however you are under no obligation to do something just because he asks. The court must agree with him and give the mandate that you remain in your state. If you have legitimate reasons for wanting to move to another state and are not just trying to get the children away from him the court will most likely not award his request. However, if you are just being vindictive against him, or the court believes that you are, you might be prevented from moving.
AnswerYes, and it depends on the judge and your state how they handle it. It is usually allowed if it is for a valid reason such as new and BETTER employment or if, married again, your spouse has to relocate.However, if the court views it as an attempt to move as far away from their Dad as possible, his injunction will be approved.
AnswerIf you have full custody of the children you must notify the court where the custodial order was issued of you intention of moving. The father will be notified and if he so chooses he will be given the opportunity to present arguments as to why the move should not be allowed.It is very rare for a judge to refuse a custodial parent's request to relocate.What generally happens is, visitation arrangements will be modified to allow the non-custodial parent equal opportunity for seeing the children. For example, rather than weekends the order might be changed to holidays, birthdays, school vacation (if applicable) and so forth.
The burden of visitation will still remain on the non-custodial parent as to travel expenses and related issues unless the couple agree otherwise. Any relocation will not change the terms of an existing child support order.
Yes. Child custody is decided on what's best for the child. So if its best for the child to go with him/her, then that is what the judge will decide. * It's possible, but the non custodial parent will still have to be notified of the proceedings and given the opportunity to object to the act. Considering the cited circumstances that hardly seems fair, but it is, in the US the law.
Can a 17 year old sue for back child support?
Yes, as an adult you can sue a noncustodial parent for back child support. However it is a different story if the noncustodial parent has never been ordered to pay child support. You can still sue them for a percentage of their assets. I am currently working on a case in which my client is sueing his father for 15 years of back child support. Any divorce lawyer can handle this case for you.
What is the difference between joint custody and guardianship?
joint custody means both parents have custody of the children and all decisions concerning the children have to be a joint decision... including trips out of the state. I have not heard of access... I am thinkgin access is giving the non custodail parent visitation rights. Research the Laws for your state.
Custodial rights in any US state depends largely on the individual circumstances surrounding a dispute and the judge's interpretation of such. Generally the main contributing factors in the decision are. the ages of the children involved, the extent the non custodial parent and other relatives (grandparents, etc.) are currently involved with the children, the purpose of the relocation, and the plans for transportation of the children for visitation purposes. There are no certainties in such situtation. But a move when it pertains to the parent retaining their employment status does carry a considerable amount of weight in the matter.
What happens with the child support order if the non-custodial parent is out of the state?
All US states honor and enforce child support orders issued by another state. The obligated parent is still bound by the terms of the support order regardless of his or her state of residency. The same actions can be taken to enforce the order in the state where the non custodial parent resides as would be possible in the state where the original order was issued.
United States
Yes. That child has legal rights as his father's biological child. First, that child has the legal right to be financially supported by his father. Second, that child may have inheritance rights according to the law in the particular state or other jurisdiction. In the United States a minor child he cannot be disinherited if his father dies even if his father leaves all his property to someone else in his Will. His mother could file a claim against the estate. As an adult he can make a claim against the estate in some jurisdictions if his father dies intestate, or without a will.
If we legally change the child's surname does the father still have to pay child support?
No - the child's name is irrelevant to this.
But, he has the right to sue to change it back.
If the name was changed legally, then the biological father would have had to have given up his rights so that the child could be adopted by the stepparent. Depending on the state, county, etc,..... he may not have to pay.
This depends on a couple of things, the state you are in and what your court order says.
If the child is living full time with one parent it is the other parent who pays child support. However, if the child is living with the father for the summer (summer possession) the father will still continue to pay the mother child support even though the child temporarily is living with the father. The reason for this is the mother still has bills that are keeping the house and such for the child to come back too.
The only way a father will not have to pay is if the court order says that during summer possession the father does not have to pay child support, but normally in this case the mother would not be obligated to pay child support to the father.
However in the end, people should do what is best for the children and not worry about the dollars they receive or don't receive.
Does a unwed mother have sole custody of her child in west Virginia?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
How long would it take to terminate parental rights?
Termination of Parental Rights (TPR) is a court process which permanently ends all legal parental rights of a birthparent to a child. Termination of parental rights can be voluntary or involuntary. Termination of rights may often not terminate the obligation of the parent to pay child support unless the child is legally adopted by someone who assumes financial responsibility.
Can a father not pay child support for a child he did not want?
A termination of parental rights petition can be filed in the appropriate state court where the child lives.
Whether the petition will be granted depends upon the presiding judge. The decision is based upon the best interest of the child and not the preference of any involved party. Therefore a petition can be granted in full relieving the parent of all obligations including financial ones, be granted with specified terms, or be denied.
A full TPR petition is seldom granted for any reason other than for the child to become eligible for adoption.
A TPR request is not intended to be used as a legal way to avoid personal responsibility.
Can an alcoholic parent get custody?
It an issue that can be raised with the court in determining what affect if any this may be having on the child.
Depends on state\province usually you would call your local police station and they will complete a form and tell you the proper steps.
Can a parent move their children to another state without the other parent's consent?
Generally, it depends on the marital status and whether there is a custody/visitation order in place. Married parents have equal parental rights.
When there are existing court orders in the United States a custodial parent cannot remove the child from the state for any extended period without the consent of the non-custodial parent and the court of jurisdiction. A non-custodial parent has visitation rights and denial of those rights by the custodial parent would constitute a contempt of court. Most states adhere to the Uniform Child Custody Act which would recognize any order regarding child custody and visitation entered by another court. Many people do not realize that a divorce automatically gives the state control over your child until they are no longer minors. You can't just decide to move. The matter would need to be reviewed by a judge.
Unmarried mothers have sole custody until the father establishes his paternity legally. The mother could move if the father had never established his parental rights. Once his paternity is established he can request joint custody and visitations and the mother would be required to obey the court orders. She could not move without the father's consent and/or a modification of the visitation order by the court.
A father with no established parental rights would need to file for an temporary emergency order to prevent the mother from leaving the state. He would then need to follow up and establish his paternity to gain his parental rights at that time.
Can a mother move out of town without the permission of the father?
Generally, no. If the mother has full legal and physical custody of that child she can move with that child unless the father has visitation rights. She must comply with the custody and visitation schedule set by the court with jurisdiction.
Which state do you have to file for custody if the child lives in another state than yourself?
As regards establishing your financial responsibility, you would file in your state. Filing in the other state would grant them jurisdiction over child support, though you might wish to evaluate the difference in state laws. If you live in Washington, you are obligated to pay for a college education. When child support stops varies from state to state. see links for help
At what age can a child choose which parent to live with in Nebraska?
in the state of nebraska how old does the child have to be in order to choose which parent they want to live with
Can a parent give up parental rights to a child even if parents are still married to each other?
A biological parent is automatically the legal guardian of his or her minor child unless they voluntarily relinquish parental rights or the court terminates those rights to their child. Temporary custodial/visitation/support issues are decided at the time divorce papers are filed, the permanent decisions are finalized at the time the divorce decree is granted.
Can you legally change your daughter's last name to your own without her father's consent?
In many states, the courts allow a "family" name change so you can change both names at the same time and only have to pay one filing fee. In other states, you would have to file separately and pay two filing fees. If you have to change them separately, the parents can file for their minor child.
Can a child of 18 leave home if they are not self supporting?
In most cases child support ends at the age of majority, which in all but four states is 18. Alabama and Nebraska 19 and Mississippi and Pennsylvania 21. However, the support order issued by the court is the order that must be followed even if it is conflict with the state statutes pertaining to the issue at hand. Many child support orders include stipulations as to the child leaving the custodial parents home and responsibilities of the parents in regards to educational issues.
I'M in the same situation. I was told that the spouse is not held responsible for your child even if she is married to your child's father and he isn't supporting the child. Eventually he will get locked up and his license will get suspended.
AnswerNo, you have no legal obligation to support the biological child of your spouse. However, depending upon what state you live in, property owned jointly can be subject to a lien or seizure for back support payments. Whether or not a marriage took place between the biological parents is irrelevant when it pertains to the support of the child/children. That is based on the assumption that paternity was established to the satisfaction of the court or the father voluntarily accepted the parental obligations.Can one parent take a child out of the state of Texas without the consent of the other parent?
No, you will need the other parents and the courts permission.
How long does a father have to sign the birth certificate?
The mother must be of course. Yet, if the father can not be then no, or if you don't want the father to sign he does not have to.
In Michigan when a child is born the mother fills out a form. The mother is asked if she is married and instructed based on her answer what information is needed. Paternity is established through court. If you are married or the father accepts paternity it is a legal matter. I'm still amazed at people stating the father signed the birth certificate. In Michigan there is no place on the certificate for any signature outside of the doctors.