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Custody

A person having custody of a child exercises exclusive parental authority and responsibility over the child’s physical provisions, moral and emotional health, medical treatment, discipline, religion, property, control, and place of residence.

8,869 Questions

What to do if the father does not want to be on the birth certificate?

Well,she can do that, but it depends on the standards, like if the you knew the father, or if the child will ever see his/her father. something like that. I watch a lot of court shows and I also read a book about it.

Do the father still have to pay child support if the mother is mentally ill?

Why not? It's still your child. Who has the child the father with mental problems or the custodial parent? Still if the father has mental problem and he fathered a child...yes he does have to pay child support. Was the father with mental problems receiving some type of disability for his mental problems? If so he is still responsible for paying child support. Does the father have custody of the child? Somebody needs to go back to court ad petition the court.

How much does the non-custodial parent have to pay for child support?

The amount is determined by statutory child support guidelines in most jurisdictions or the department of social service in the state the child lives if the child is receiving financial support from the state.

Can an adult collect back child support from his biological father in Indiana?

I don't know, but I am aware of several cases where the custodial parent collected back child support years after the child reached adult age, even to the point of garnishing social security payments.

What is the difference between detained juveniles and committed juveniles?

Detained, in reference to rehab, or a mental type institution means that they are there under observation and may receive some minor treatments. If the juvenile does not respond well to treatment, then the option to commit opens.

If they confirm a reason to commit, then they are committed.

Once committed, they are wards until they are deemed safe to themselves and others.

If you are referring to being detained at a correctional facility, it is a bit different.

Being detained in a correctional facility (jail or juvenile hall) means that the juvenile will be held until bail is submitted or if there is no bail, until court. If bail is set and the juvenile gets out on bail, that juvenile is still considered detained until court.

How does a parent emancipate themselves from their child?

Act grown up: think before you act and take responsibility for your actions. If necessary, teach (your parents) by example. Treat your parents like you would want them to treat you. Point out (gently) that you're doing all this if your parents don't get the point by themselves. I was going to say "Have a child yourself", but I'm afraid that would be taken seriously. Also, it doesn't really work anyway.

If you sue for full custody of a child does the non-custodial parent still pay child support?

In general, no. Child Support and Custody/Visitation are separate issues and often handled in different parts of the court system. For more accurate information, please remember to specify the State your matter is in.
Whatever rights are specified in the court documents. Simply paying support does not, in and of itself, guarantee any other rights.
The a single, unmarried, obligor parent has no rights by virtue of paying child support except the right to request a visitation schedule. A separated parent, without a restraining order applied to him/her, has an assumed equal access and decision making to the children unless limited by a court ordered visitation schedule.

Can a parent sue for overpayment of child support?

I would say , Yes. The reason is , sometimes if a child graduates, the mother may not inform the paying parent that the child did not continue with higher education.So the money continues until the paying parent finds out the child is out of school for good. Usually child support stops at age 18 unless the child has continued his/her education or has special medical needs, etc etc.Tell me if this is incorrect.

How do you legally adopt a spouse's child?

You file a petition in the court with jurisdiction (usually a family/civil court) in the county and state where the child is a resident. Please be advised, when a person wishes to legally adopt their new spouse's child the biological father or mother must be deceased or voluntarily relinquish his or her or have had parental rights permanently terminated by court order.

How would a man go about getting either full or at least half custody of his child in CA?

Fortunately California is more advanced than other states when it comes to equal rights between Mothers and Fathers.

Any good Fathers with a good relationship with their children should have a very good opportunity to a shared custodial arrangement.

To obtain full custody, you generally have to prove that the Mother is unfit, for example, a serious alcohol or drug abuse problem, mental instability, physical abuse etc.

I have been litigating cases on behalf of Dads for thirty years. The problem with most Fathers being unable to obtain custodial rights, is a lack of preparation on their part. You have to know how to act, what to say and what to do in an evaluator's office and in court if you want a fair chance at success.

For some reason Mothers tend to study, prepare and ask questions much more frequently than Fathers, thus the reason they are more successful.

If you would like more information about knowledge and preparation to achieve success with custody, go to http://www.fatherswincustody.com. You will learn the 10 biggest mistakes people make in custody and how Fathers can succeed.

I hope my answer is of assistance to you.

Can you get child support for an unborn child?

No. Once the child is born to an unmarried couple, paternity needs to be established before a child support petition can be filed. It can be the voluntary acceptance of the male involved or in disputed cases a paternity test (usually DNA rather than a blood test) must be done.

Does the non-custodial parent have to pay child support while the child lives with him for 3 months of the year?

Well actually, it depends. A non-custodial parent can still have liberal, defined visitation and if that parent, say has 3 days a week or every weekend, and their income is vastly lower than the income of the custodial parent then there would be an avenue in many states where that 'non-custodial' parent would be entitled to child support. Again, it would vary on a number of factors including what you mean by non-custodial. If non-custodial includes no physical or legal custody and/or no visitation at all, the avenue seems virtually impossible. However, simply being non-custodial would not be the single defining point. In fact, there wouldn't be a single variable that would determine the answer to this question (particularly as state law were weighed in). Best advice, contact an attorney, many will provide free first consultations.

Will a 25-year-old father get in trouble if the 17-year-old mother of his child applies for child support?

yes, even in cases where he was underage with an adult woman of any age.

see links below

Maybe, it depends upon the laws of the state in which the biological minor father resides and other issues, such as whether or not paternity has been established to the satisfaction of the court. In the majority of US states, a DNA paternity test by an approved court facility is now required before the court will address support and/or custodial issues.

If a biological father abandoned biological mother when told of pregnancy does he have rights 5 years after child's birth?

he has all the rights if you put his name on the birth certificate but if not then he doesn't have any rights unless he takes you to court has a paternity and then the courts make you put his name on the birth certificate and then you need to ask for child support

Do you still have to pay child support if the child refuses to see his father?

Child support is issued by court order. Unless the court order specifically gives this as a reason not to pay support - and I can guarantee it never will - you're still on the hook for it whether or not you get to see the kid.

You can get the court to include specific provisions requiring visitation but the failure of the child to want to see you or the ex stopping you won't get you out of it. Now, if you have visitation and the ex won't let you see the child, you go with a witness - or a police officer - and then go back to court with the witness testifying that the ex refused visitation, whereupon the court will order the ex to comply.

But you can't really do much if the kid doesn't want to go with you or see you short of dragging him places.

At what age can a minor in Georgia choose where they want to live?

A minor is not allowed to decide that but they can tell their opinion and hope the judge agrees.

Can the parents of a 17-year-old refuse to allow him to live in the home if he has a history of drug possession and other criminal offenses?

None. * Parents in every state including New York, have the legal option of filing for a court order to have the minor child taken into custody by authorities and returned to the family home, or placed in a juvenile facility and/or be relieved of their financial and legal obligations towards the minor child. If the parents are released from parental obligations, the court will make the minor a ward of the state and place them in a foster, group home or juvenile facility until said minor reaches the age of majority. In rare cases the judge will grant emancipation rights if the action is proven to be in the best interest of the minor.

Does a parent have to have custody to consent to their underage child's marriage?

No, You don't have to have custody of your child to consent to the marriage. You either have to be parent which you are or the gurdian. You are still your child's parent regardless of weather you have custody or not. You could also call to the Clerk of Courts and ask them if this will make you feel comfortable.

AnswerIt depends on the laws of your state. But in many states (and for all I know it could be 'most' or 'all' states), a non-custodial parent alone cannot give permission for a minor to get married.

If you have full custody of your grandchildren can you move the kids to another state?

I suggest you get a local attorney where the jurisdiction of the divorce is that has a lot of experience practicing Family Law to see what the local court does in situations like yours. He/she should be able to answer all your question.

My experience in OK is that it doesn't matter what the law says, the lower court judges don't follow it anyway. So you need to know what the local judge does.

Can 14 year old choose to live with noncustodial parent in Mississippi?

Not legally. It may be difficult to comprehend, however, the legal age of majority for the state of Mississippi is 21. There is the option of petitioning the court for the removal of disability of age if the underaged person meets the requirements specified by law. I would say NO, but some do. The responsibility would still fall on the parents until 18 for any actions of a 17 year. Moving out does not solve problems and does not give freedom of choice. Different responsibilities will be compounded that were never thought of. Were would you get your next meal, TV, internet, money, transportation, etc.. You wouldn't be able to enter into rental agreements, car loans or something so simple as renting a movie until your eighteen. Living with someone else brings about different problems not thought of, such as privacy. Most teens don't understand that freedom of choice comes with responsibility. Responsibilities give adults the power of choice. If not responsible you will never have this power. Stay home and enjoy your freedom you have now because the grass is not always greener on the other side.

What state borders Wisconsin on the south?

The state that borders Wisconsin to the south is the state of Illinois. The state to the east of Wisconsin is Minnesota.

In Alabama does the parent still have to pay child support if the minor has a baby?

i live in cailf.my child is 18 and she just had ababy do i still have to pay child support do i pay child support for my child who has a baby

Should custodial FATHERS receive child support?

YES,THEY SHOULD. A CUSTODIAL MOTHER GET'S CHILD SUPPORT WHY WOULDNT THE FATHER. IT WORK'S BOTH WAY'S.

In the state of Texas what age does a child have to be to choose which parent he wants to live with?

In Texas, at the age of 12, the judge will allow a child to voice his/her preference of who they want to live with. However, that does not mean that the judge will automatically agree to that (and I'm assuming this is a case where one of the parents is not in agreement with what the child wants). The judge takes the child's wishes into consideration, along with many other things, and then makes the final decision based on the best interest of the child.

In Texas it is with 12 years of age and can be found in the Texas Family code as follows:

§ 153.008. CHILD'S PREFERENCE OF PERSON TO DESIGNATE

RESIDENCE. A child 12 years of age or older may file with the court

in writing the name of the person who is the child's preference to

have the exclusive right to designate the primary residence of the

child, subject to the approval of the court.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

Amended by Acts 1999, 76th Leg., ch. 1390, § 12, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1289, § 1, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1036, § 5, eff. Sept. 1, 2003.

Can a parent take a child out of NY without the other parents consent?

Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.

Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.

Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.

Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.

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