What happens if the name of father on birth certificate is wrong?
It's not his child to keep. The mother is comitting fraud if she knows he is not the biological father. She can ask the bio-dad to relinquish his rights and her boyfriend can adopt the child when they are married. Then he can sign the birth certificate. You do not get rights to a child just because you want to. For the child's sake there are proper legal procedures.
How much child support do you pay in NY?
In the New York state you are required to pay child support until the child reaches the age of 21. This may stop if you can prove to the court that the child is emancipated, not living with parents and has a source of income, in the military or married. How one goes about this, I have no idea.
Do you have to pay child support if the child is in college in the state of California?
By default, no. However, the obligor parent can file for a modification to require this. His level of income is not a variable other than needing a standard modification in support. see links below
When can you stop paying child support in Washington state?
If you love the child and want him or her to succeed in life, you should support the child through college if at all possible and help him or her get settled in their first job. Legally, you need not support a child past age 18.
Does the mother have legal custody of the child?
Correct. Once a minor has a child, she is emancipated, meaning she is now considered an adult and independent of her parents. No, a mother who is a minor is presumed by law to have the same rights to her child as she would if she were an adult. Parents cannot force her to sign over custodial rights, have an abortion or place a child for adoption. If the she feels she is in need of assistance she can contact the state's department of family and children's services or Birthright 1-800-556-4900, http://www.birthright.org I don't think so
Can a parent take a child to Brazil to live with out consent of the other parent?
it depends on the martial status and any other court binging agreements the parents hold. for instance i moved out of state after my seperation and i got it in writing that i could move with our son so he wouldnt go after me for kidnapping, I have since made a court order that our son cannot be takin out of this jurisdition of the court without a judges permission, so that he cant take him from my custody. Check with the states laws your currently in before you make any big moves it could save you a lot of trouble.
What rights does an unwed father have with regard to prenatal visits?
If I'm understanding you correctly ... none at all.
What rights does a father have in obtaining custody of his child?
Sadly I'm going through this exact situation right now. I'm incredibly frustrated with the state and its law (Montana) because no one seems to care that he is such a horrible man. From what everyone has told me, the bastard gets rights, no matter what I think. If you are in a state like Montana its a "joint custody" state so if you are going to put his name on the birth certificate, he automatically has at the very least visitation rights. They make you write up a parenting plan which is good for a year and unless you can prove somehow that he is unfit, he can then ask for more time/rights/accessibility.
I was smart enough to get a restraining order against him, which does give me some leverage, but i don't know if he's actually planning on following through with his 'threats' of fighting me for custody, etc. because he's such a shifty, cheating liar. So, if you can, find out for sure if he is going to fight you, and make sure to try to document everything he says because you can always use it in court. I tried to demand he only speak to me if a third party was present (but if the father youre speaking of is anything like mine he will refuse because he knows it'll only make him look bad).
What I've had to resort to now, since the rest has failed me, is hope that he'll slip up and ruin things for himself. I'm going to write up as strict a parenting plan as possible and hope that the courts will accept it, and maybe he'll be intimidated by it. But what it mostly comes down to is that you have to do what you think is best for the child.
Mostly, 'The Right to Remain Silent'. You're being harassed... threatened... emotionally abused. He would have to prove he is the father before even thinking about any 'rights'. Once that's done to everyone's satisfaction, He's responsible for child support, whether or not he has any visitation or custody rights. 'Deadbeat Dads' can wind up doing hard time in many states. First and foremost, protect yourself- and your baby. Call the police; Get a restraining order.
Why do persons always assume the dad is "deadbeat?" Perhaps the father in question here is concerned for this unborn child's welfare and it is the mother that has issues, hence him making "threats regarding custody."
look at the facts, for the most part the only parent being unwilling to look at the welfare of the child and not selfishly at their own well being or how they can hurt the other parent is the dad. it's just a fact. stats don't lie
ANSWERI teach fathers how to prepare for a custody challenge with what is always a "Gatekeeper Mom". In 100% of the cases, any expression of desire for custody rights has been perceived as a threat to the mother's well being. I also teach them when and how to record conversations, so I heard the evidence.Gatekeeper mothers perceive any attempt to reduce their total control as a threat. Claims of being a bad or abusive father outnumber the stars in the sky. In 60% of these cases, when fathers file for custody, they are accused of child sexual abuse. In nearly 100% of the cases, claims of domestic violence, or fear of violence, is made. The claim can be made that something happened up to two years prior to the custody filing, with no evidence required. Restraining orders are easy to get and judges who require proof can face possible dismissal from the bench.
The best example was in the news. Colleen Nestler of Santa Fe, NM was given a restraining order due to the man sending her unwanted messages by way of nearly 45 minute long video recordings. She was not asked to produce the recordings as evidence.
It cost David Letterman over $10,000 in attorney fees to get the order set aside.
In a local case, after the father filed for custody, the mother filed for a restraining order claiming that in five months previous he had shot out her car windows than called her later to brag about it. She had the police report to prove it. He had called her that night, as he had a recording of it. It was to talk to his daughter. After hanging up, the house phone was destroyed.
A tree branch had crashed through the roof, penetrating all the way to the basement. As he did with all his daily activities, he kept a daily journal, so he knew who to call as witnesses. His custody challenge was denied because at the time, under the VAWA, judges were not allowed to consider whether a domestic violence claim was true or not.
I have seen thousands of these in 21 years. If the man is the victim, he can still be accused. A good example of that is at the link below.
Can your girlfriend sign your child's birth certificate?
Yes, but if the action is challenged by the biological father the BC and the custodial rights to the child can be altered.
Technically some might view such an action as fraud. However, if it is done with good intent there would be no legal repercussions but possible civil ones as noted above.
Child support payment is something that is set out in a legally binding contract. Either set by a judge, or worked out between the two parties. In most cases payment ends when the child turns 18, and at that point the parent with custody has no legal right to child support(I do believe the age may be higher in certain areas).
How can you get the father to pay child support if he lives in a different state?
There is a sub-system so to speak, within each state's child support agency. It is an interstate office. When parents reside in different states, support can still be obtained for the child(ren). The state where the absent parent resides will be petitioned by the state where the custodial parent resides. Once this happens, the state of the absent parent will accept (usually) the responsibility of enforcing the child support order. This entails motions in court, driver's license suspension, house liens, bank account withdrawal, and any other means deemed legal by the state.
No, this is up to your mother or guardian (which could be a grandparent or uncle/aunt.) Although it's quite disgusting that some fathers refuse to take some financial responsibility for their children it does happen often. I really respect you for coming on this board and the fact you are willing to try and go after your father. You seem like a very mature young person. Perhaps you could sit down with your mother or guardian and see if they will take this to court. The courts (although it takes a bit of time) will go after your father and even dock his pay for child support if he stops making child support payments again. I'm proud to have met you on this board and you have that talk with your mom or guardian. Good luck God Bless Marcy
He has the right to petition the courts for a determination of paternity and, if he is the father, the right to pay child support and petition for visitation.
Yes. You can ask for anything. Assuming the real question here is, can a single mother cause a "termination" of the father's parental rights, though, the answer is more likely, "no." In every jurisdiction I've ever heard of, this would require a court hearing and a finding that such a termination would be in the child's best interests.
The courts don't like to sever the relationships between parents and children because children need their parents, and parents have an obligation to provide for their children. Terminating the relationship means ending the obligation to support, too. Also parents have important constitutional rights to their relationships with their children. All in all, it takes something extreme and unusual for courts to terminate the relationship between parent and child.
In England parents do not really have rights in relation to their children but the law relating to children states that a child has a right to a relationship with both parents (the question of whether one parent is unsuitable is something to be thrashed out in court on an individual basis). However, if the child has not yet been born you can seriously restrict the father's ability to have any control over the child or contact with them by placing "Father Unknown" in the relevant box on the birth certificate - doing this even when you know who the father is is not illegal. This effectively means he has no say at all over what happens to the child. If you put his name on the certificate you are legally obliged to consult him over every non-trivial matter of your child's life (education, religion, medical treatment, moving house and so on).
What parental rights do you have if someone else has custody of your child?
In most cases it is not easy to sign over the rights of an adopted child to another person. Some states allow it and some do not. You may be able to do so by going through an attorney who will handle the case and facilitate the new parent adopting the child from you.
How can a father get custody of his 15-year-old son that does not want to live with his mother?
I would be very careful with this one. Young teenagers figure because they have household chores to do, homework, and a need to answer where they are going, what they are doing and when to come home is some type of mental abuse. This is no reason to kick up a fuss and want to live with dear old dad. Many teenagers have a misconception of what love and caring is and when they can't have their own way they want to move in with the other parent in hopes they will have every little thing their heart desires. If the woman is a good person and is a good mother it would tear her heart out if you took her son completely away from her. Teenagers can be very craft, and you don't have the full story on this. Your son could be failing school or (hopefully not) be dabbling in drugs and your wife may be coming down on him hot and heavy and suddenly your son wants to come and live with you. Tread carefully and be sure you are getting the correct story on this one. If she does drugs (including alcohol), stays out all night or brings strange men home then these are good causes to take full custody of your child. I suggest you meet with your ex and without accussing her get to the bottom of this story your son is telling you. Sons really need their fathers in their lives, so you have to ask yourself some pretty hard questions. How much quality time do you spend with your son? Have you made a lot of promises to your son only to break them? Example: You're going to take him to a football game and then at the last minute cancel because you are busy at work or have a date. When was the last time you took him for a long weekend, summer break, or a trip? Adults don't realize this is the most crushing blow they can have on their children. I am not accusing you of any of the above, but if you think it's tough seeing you son now, you have a big surprise coming if you get full custody of him. Adults should just be that and start acting like it. Even though they are no longer married the two should put their differences aside and try to get along for the sake of that child(ren.) Kids only see mom and dad and nothing else and any problems that occur between their parents means nothing to them. They don't realize at their young years how complicated relationships can be. Even though you are not living with your ex, get to the bottom of things and try to lend a hand instead of listening to a 15 year old who may not be getting his way. If there is any abuse by his mother then you need to step in. If there is a major concern as to how your ex is treating your son, then you can see a lawyer, go to court and a judge will decide if the custody should be reversed. Good luck Marcy File a custody petition in the appropriate state court. It would be advisable for you to retain an attorney who is qualified in domestic relations issues. If that is not an option you can contact the court clerk in your county for information on the proper procedures.
How do you get my parents back together?
You can express your feelings and tell them that you would like it if they were back together but you have to leave that decision up to them. You may not have a clue of what the reason is that they have split up. Trust me; I am sure it was not an easy decision for them, especially if they have kids.
What does it mean to have sole legal and physical custody?
The first thing you need is hard proof that your child would be in danger when he is left with his father, witnesses, police reports of past incodents, you can even ask for supervised visitations, so your child will never be alone with the father. Good luck!
I have temp custody of my cousin who is 10 months old I have had her in my home for 7 months now both parents are in jail, I want full custody of her due to the fact the child is at high risk, with violence and neglect in the home, both grandparents are drug users, and been in trouble with the law. they do not help finicially take care of her nor do they see her but every 3 months are so 1 visit. I know longer know what to do? can you help?
Can a 13 year old child legally change their last name to their stepfather last name?
Yes, if the guardian, or the person in custody of the young person will-fully consents to a legal name change.
Is it considered child abandonment or neglect when the custodial parent goes to jail?
no. any minor children left in the home after or during a conviction become wards of the state. however every effort to find relatives/astranged parent who will take the minor child in until the parent returns will be immediate.
Can one parent make a medical decision concerning a child without the other parent's consent?
It depends on the situation, the custody, etc.
If you are a custodial parent and your ex has become or taken up with or married someone who has decided to be a Jehovah's Witness or is one, much of how the rest of it goes depends greatly on how the relationship is between the divorced parents and their maturity level...But JWs are a well known head ache.
However, you can have a legal document that the non custodial parent is to keep with them, or copies for both the non custodial and his wife or her husband to carry with them at all times that states the legal custodial parent consents to certain medical proceedures and authorizes it while in the care of the JWs.
It depends a great deal on what the medical decision is and why there is a problem.
If at least one party is considered emotionally fit, mature, normal, squared away, custodial or not, anything can be petitioned by the courts.
What you can do is start off and do your own leg work by internet searching state laws for your state or the other state if it is a factor as well, custody cases for your state or various other court cases as precident but know your state laws--know the state laws concerning where the custodial parent lives, and know you can appeal if there are grounds. Also, jurisdiction is where the custodial parent lives..the state and county. That's where court cases will take place.
Do an internet search for what it is you are looking for. Once you do that, go from there and seek professional legal help.
Know your legal rights and empower yourself effectively and intelligently.
What age can children chose to live with other parent?
Generally, there is no age at which a child can choose. A custody order lasts until a child is eighteen. It would be impossible for courts to entertain requests from children. Courts are already overburdened with family law cases. That's unfortunate for many children who are really in need of a change.
How can your son's father sign his birth certificate if he wasn't there at the birth?
You don't have to be the real father to be on a child's birth certificate. You would just have to sign a paternity affadavit, in which you are assuming all legal responsibilities to that child. You would talk to the mother about adopting the child and go through that process--if you are married.
Can a man not pay child support if he is on SSI and SSDI?
If "SSID" means, "RSDI," - the man can be ordered to pay back ("retroactive") support.
For SSI, retroactive support will not be ordered. The SSI recipient owes any past-due support, but it cannot be withheld from his SSI benefit.