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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
Do you still have to pay child support if you have joint custody?
Does the father have to pay child support if the child lives on their own in Mississippi?
A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.
A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.
A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.
A minor child should not be living on their own. If the child has been legally emancipated the parent may be excused from paying child support. Otherwise, they will be assessed if the custodial parent files a petition for child support with the court. At that time the fact of the child living on their own can be brought to the attention of the court.
6 months to a year. CA Family Law Code
7822. (a) A proceeding under this part may be brought where the child has been left without provision for the child's identification by the child's parent or parents or by others or has been left by both parents or the sole parent in the care and custody of another for a period of six months or by one parent in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7820-7829
When can a child decide what parent to live wth in Missouri?
Minors are not allowed to choose with whom they wish to live.
In some cases the judge will speak with the minor child and may or may not consider the information gathered in the interview when making a custodial decision.
Custodial decisions are based upon the best interest of the child and not upon the preference of any of the involved parties.
There is no age in the State of Missouri at which a child can choose where they want to live. Missouri Statutes have eight factors that the Court is required to consider in determining custody of a child. The child's wishes are only one of the factors. The Court will look at the emotional and intellectual maturity of the child and the reasons expressed by the child for wanting to live with one parent over the other. As a practical matter, the child should never be put in the position of having to choose which parent they want to live with. This is damaging to the child as the parents, not the child, should be making decisions that are best for that child's overall well-being.
Can biological mother who has lost custody of her child regain custody in North Dakota?
well if the biological mother lost custody of her child then that means she was doing somethinq extremely bad for a judge to take her child away. i suggest that the mother has stopped what she has been doinq wrong and she has turned her life around. but lemme remind you that its the courts who want whats best for the child. and i do encourage you to go and fight to get custody again. and show them that your doinq better and what you have improved in. and show them that you do care for the child and that's why you made the decision to qet better. its qonna be a hard fiqht : but i would say its one worth fiqhtinq for. good luck! : )
Can a 16-year-old leave home and live with someone other than his parents?
If your parents give you permission to move in with a friend, then yes, you can do that. Of course, your parents can change their mind at any time and will have every right to 'order' (for lack of a better word) you to move back home. Hmm, just one more thought on this--if you have previously been in trouble with the law and have been declared delinquent/an at risk youth/a child in need of services/under court supervision/etc--well, then it's possible that your parents may not be able to give you permission to move out.
Will my child get his fathers last name in the state of Georgia since we are not legally married?
The father would need to prove paternity if the parents were not married. He would also need to provide evidence the change in name is in the best interest of the child. If the child lives with the mother who has custody it is unlikely the court will allow the name change. If the father didn't marry the child's mother there is no reason for the court to allow the child's name to be changed.
Can a mother or father file for child support in two different states if the child lives in one?
Only one venue may have jurisdiction over a child support matter at any one time. (However, multiple States may enforce an existing order.) The case is typically filed in the State where the child currently resides.
To move out of your parents home without their permission, you have to be of legal age and it's usually 18 in most states. Relative does not matter. It's your guardians who makes the decision. You can always sit down with them and ask to try for a few months.
Can a father sign away his parental rightsin CT and not have to pay child support?
A parent cannot just 'sign away' their parental rights (which is a different thing than custodial/visitation rights). Termination of parental rights has to be approved by a judge. Generally speaking, judges are very reluctant to approve it unless it's for the purpose of adoption or the parent presents a clear danger to the child. They certainly will not approve it merely so the parent can avoid paying child support. If that were allowed, people would be lined up to do it, and then a big portion of those children would end up having to be supported by the taxpayers.
What age can a child in Hawaii chose what parent to live with?
As an alternative, why not ask for Joint Physical Custody of your parents?
Tell them that you want to remain in a home, and each of them there for three weeks, than switch. Once night a week, the parent not in residence takes you out to dinner or some other activity. While in the home, the resident parent does not date, or have overnight guests, other than relatives.
On the off weeks, the parent rents a room, stays with relatives, their friends, or they can split the cost of a two bedroom apartment, with each having their own bedroom.
The priority here is you not having your life disrupted by their choice not to be together. Their lives are equally disrupted and they split the cost of your home.
The support amounts each parent are obligated to provide for your care can go into a TRUST FUND. From the trust fund, expenses for the home and your standard expenses, are paid.
All this follows in accordance with federal laws dating back 100 years as regards Trust Funds that have been established for guardians to draw from when parents have been killed in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses.
Any money left in the account would collect interest and be available for emergencies, or special expenses, such as part of the cost of a car, or a college education.
This is called Bird Nest Custody. YOU STAY IN THE NEST THE BIRDS TAKE TURNS BEING THERE.
Can a parent whos not married take a child away from the other parent?
Perhaps if the parents are unmarried and the father has not established his paternity legally. In other cases, depending on the details, a parent cannot prevent the other parent from seeing the children without a court order to that effect. The answer can depend other factors such as who has custody, if the parents are married, divorced or never married, if there is an outstanding visitation order, if the parties are under the jurisdiction of a court, etc.
How do you collect child support from an illegal alien?
I know that if you are illegal in the US, they will deport you. If your child is a US Citizen, the child will stay in the US and you will go back to your country of origin. They are trying to fix this problem, because of so many illegal immigrants coming across the border illegally and are having children. Well the children stay in the US and the parents are sent back. * Contact the state's department of children and family services for assistance. Immigration status does not relieve a parent of the right to receive support for their child or receive public assistance if necessary. Deportation is not "automatic" each case is assessed on the individual circumstances. Any child born in the US is a citizen. In such a situation the child is referred to as an "anchor baby" meaning the unlawfully present parent generally is given the opportunity to remain in the US. Children are NEVER taken from a parent simply because the parent is unlawfully present within the US.
What age in Wisconsin can a child to choose to live full time with mom or dad?
No, minors are not allowed to decide with whom they wish to live, including which parent. When parents cannot agree on custodial issues the judge makes the decision for them. That decision is based upon what the judge believes is in the best interest of the child or children involved and not upon the preference of others.
Do both the mother and father have to pay child support if grandmother has custody?
Unfortunately, you still have to pay if these are her grandparents. It is up to the grandparents to suggest to her that she pay something towards the children. If they are your grandparents then they can seek legal council and demand she too pay child support. If she is living with the grandparents and raising your child then it is solely up to the grandparents to decide if they foot the bill or she does. Sorry. Marcy
Depending on your state, she can file for up to 18 years retroactive child support. In Michigan, the mother, or a child of the Age of Majority, can file prior to the child reaching age 23. They allow the full 18 year retroactive. In Florida, it must be file prior to the child turning 19, but they have a two year limit on retroactive. Missouri has a five year limit of retroactive. But, even in states with limits, Welfare can override and demand a refund for all benefits provided. In California, they have a full 18 year allowance, plus 20% of the income of a current spouse or S/O can be included in the calculations.
It should also be noted that a man's current two year average of gross income will be used, and not was was earned each of those previous years in establishing retroactive child support.
Take note, that circumstances that brought about the conception is not a consideration in establishing child support. These include:
* The woman impregnating herself with the semen resulting from oral copulation. A Florida Doctor learned this the hard way. * The woman impregnating herself with the semen taken from a used condom. * A woman getting pregnant as a result of sexual activities with an underage boy, than waiting until after the Criminal Statute of Limitation to pass to file a retroactive child support order. * A woman intoxicating or giving a male GHB (Date Rape Drug), along with a large dose of Viagra, in order to have BABY MAKING SEX with him during her peak "fertile window" for the month.
For this reason alone, along with the high rates of paternity fraud, it's very important for men to seriously consider being sexually active, outside marriage, is really worth the potential costs.
Can a grandparent gain Custody of grandchild if both unmarried parents have deserted the child?
There is no "percentage rate". The court is concerned with the child's welfare only. If someone believes a child is endangered or being neglected, they should report it to CFS. An investigation will be done, and if the claims are proven true, the child(ren) will become Ward(s)of the Court. A custody hearing will be held in Family(Domestic) court. Grandparent(s) are often granted custody if they are willing and proven able to care for the child(ren).
What rights does an out of wedlock minor child have to the father's estate?
The out of wedlock child would need to be included in the will to become an "automatic" heir. It is doubtful he or she would be considered eligible under the state's probate succession laws if the parent in question died intestate. It is possible for the custodial parent to file a lawsuit claim against the estate, but that can be expensive, time consuming and emotionally traumatic. Such cases can become very complexed and unfortunately bring out the worse in the parties involved and usually result in monies being owed rather than gained.
Can you sign away your parental rights without going to court?
This includes a parent who has been incarcerated, in rehabilitation, on probation, under investigation by child protective services, etc. Even when there is an absentee parent authorities must use all means available to locate said person before a TPR can be granted or permanently ordered by the court.
What is a possessory conservator?
Possessory conservator refers to the person in a custody order who does not have the child/children living with them the majority of the time.
No he doesn't. If you stop paying child support, you're not allowed to see the child, but you get backed up a lot of bills, so if you sign over the rights and don't see the child, you don't have to pay child support. Also, if you receive full custody of one child, and another child lives with your ex, you terminate child support, & you still get to see your other child. So unless it's changed, or is different from county to county, or if I've witnessed special cases, that should be how it is. If Mom agrees to let Dad voluntarily terminate his parental rights, then, no, he won't have to pay child support going forward (but will still have to pay any arrearage unless Mom agrees to forgive it). However, Dad can
Does the noncustodial parent still have to pay child support if child becomes pregnant?
You have to obey the orders of the court until they are modified after an appropriate motion has been filed with the court and approved by the judge. The court will generally act independently and it is up to the noncustodial parent to seek a termination or suspension of the child support and seek custody of the children.
Can a mother reopen a child support case after she has closed it?
Yes, depending on the circumstances. She should visit the court and discuss her situation with a clerk or court advocate.
In Georgia does a sibling have vistation rights?
No they do not have any rights to there grandchildren whether it be visitation or anything unless they have taken care of the child for at least 6 months in a row then they can go through legal procedures to get visitation.
The laws regarding visitation rights for grandparents vary from state to state and are often determined on a case-by-case basis.
Briefly, all states require that the grandparents have the burden of proving the visits are in the best interest of the child. Be advised that when the grandparents are trying to wrest control of grandchildren of their deceased child from the surviving parent- that type of situation may not be considered to be in the best interest of the child.
Some states are more permissive: Connecticut, Hawaii, Idaho, Kentucky, Maryland and NY. Other state are more strict such as Florida, Minnesota and Pennsylvania where the child must have lived with them or they must have had a parent-child relationship with the grand-child. Some state requirements are extremely narrow where the grandparent must prove they took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods.
You need to consult with an attorney in your state who can review your situation and explain your options.
Can a non-custodial mother file for child support from the non-custodial father?
Can a non custodial parent get child tax credit?" if the mom the one she is living with gives right or even if the baby has her dads last name can he claim her? plz say yes
Does the Form 8332 (used to release the exemption to the noncustodial parent) affect the Child Tax Credit? Yes. The Child Tax Credit can only be claimed by the parent claiming the exemption. In this case the noncustodial parent would qualify for the dependency exemption and therefore the child tax credit. Please refer to the Form 1040 Instructions or the Form 1040A Instructions index for Child Tax Credit. The referenced pages will explain who qualifies for this credit, and how to calculate it.
You may be able to claim a child tax credit if you have a qualifying child. A child is your qualifying child if the child:
- Is a citizen, resident, or national of the United States,
- Is under age 17 at the end of the calendar year in which your tax year begins,
- Is your son, daughter, stepson, stepdaughter, legally adopted child (or a child lawfully placed with you for legal adoption), brother, sister, stepbrother, stepsister, foster child placed with you by an authorized placement agency or by a court order, or a descendant of any such person,
- Shares with you the same principal place of abode for more than one-half of the tax year, or is treated as your qualifying child under the special rule for parents who are divorced, separated, or living apart, and
- Is not treated as the qualifying child of another taxpayer under the special rule for two or more taxpayers claiming a qualifying child or the special rule for parents who are divorced, separated, or living apart.
And see link provided.
