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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 is an unwed mother's rights in fl?
an underage mother should have her parents help her if they are supportive of her position and ask a lawyer that deals in family matters. there should be no legal reason why she can't keep her child. fl. law does allow underage mothers to keep their kids as long as they have some means of support such as welfare housing wick foodstamps and the mother will have the ability to continue her education and take her baby with her. there are special schools that provide child care while the mommy is in classes. her main focus should be the welfare and future of her and her child. unless she has a good education, goals, good morals, loves her child and can prove to the state that her main concern is her child and be willing to go to parenting classes to help her with knowing how to deal with different problems and coping skills instead of abuse to raise her child again there should be no reason why she shouldn't be able to raise her own kid again it really helps to have loving supportive parents. but if she's alone and the father of the child refuses to have any part in the raising of their child, then she should make sure he's forced into help with the financial issues and child support, depending on the age of the father. if he's underage also he'll need to also take parenting classes along with mom and counseling would be a good idea also. marriage would be the worse thing they could do just for the sake of the kids then the relationship is doomed before it even gets off the ground. be blessed and may yours and your baby's future be filled with joy and the love of God * Minors who are pregnant and/or have a child/children have the same custodial rights as an adult. A minor cannot be forced to obtain an abortion, relinquish parental rights, place the child for adoption and so forth unless a court rules otherwise. Young mothers who are in need of assistance should contact their state's department of family and children's services. They can also receive assistance with legal, medical and other issues through Birthright, http://www.birthright.org or toll free 1-800-550-4900.
Allowing such visitation would be totally at the discretion of the adopting parents. There is not a law that would force them to allow any relatives of the adopted child to continue a relationship. Grandparents as does any person that can is considered an "interested party" have the option to file for guardianship or adoption of the child if they so choose.
What is the difference of Parental or custodial rights?
A guardian must be appointed by the court pursuant to a petition for guardianship and has the legal authority to care for another individual's person and/or property. In the case of minors, a guardian is someone other than a parent. In the case of an adult, a parent can be appointed as their guardian.
Custody, in this sense, refers to the care and control of a child awarded by the court usually to one or both parents. The parent who is awarded custody of a child is not referred to as their guardian.
Does a father still have to pay child support if his child quits high school in Indiana?
The father of the unborn child is obligated to pay child support once parentage is established through the voluntary acknowledgement of the male or by an order of the court. The father of the pregnant daughter has no legal obligation to support her child, but does have a legal obligation to support her until she reaches the age of majority for the state in which she resides or the terms of a standing child support order are completed, amended or rescinded.
Does the father have to sign the birth certificate in the hospital?
I know that in the state of pennsylvania, the father must be present to sign the babies birth certificate in order for the baby to have the fathers last name.
What should you do if a parent that owes child support dies?
She does not have rights to his estate until all of his obligations have been met. Submit a claim to the executor of his estate or to the court if he did not have a will. Also, you should be entitled to Social Security benefits for the children, so check with the SS office near you. * No. In all US states the surviving spouse has first claim to all marital assets. This means that real property and assets jointly held when titled correctly will pass directly to he or she and will not be subject to probate procedures or other civil action pertaining to any debts. A claim can be made to the probate court for child support arrearages. Claims paid out of non exempt funds of a deceased are done in accordance to priority, child support arrearages in some states would be considered a high priority claim.
Probably not. If the non custodial parent has assets it possible the court would order them seized for child support obligations or be encumbered by a lien. A person cannot be held in contempt when he or she is unable to obey a court order.
Generally what happens is the child support arrears accrue interest and when the obligated parent is released he or she is given a set time to pay the amount before any other action is taken.
When divorced can one parent have custody of one child and the other parent have custody of another?
No, the emancipation laws around the world include both parents or guardians, not just one. A child who wants to be emancipated is stating they can support themselves without the help of an adult.
The laws on this vary by state. Judges usually have a broad range of discretion to do what is in the best interests of the child. I have heard of it being done before.
AnswerThere are numerous factors to be considered. First has the biological father established paternity? If so, is there a court order addressing the issue of visitation and/or custody rights? Is the father paying court ordered child support? If most of these do not apply, the father does not have the right to make any type of request concerning the child. The most important of these issues would be the existence of a joint custody order. Judges base decisions on the amount of involvement a parent has in a child's life. Any parent who does financially support and is not actively involved in the child's life will not be looked on favorably by the court.If she moves out of state with the child and it isn't in the divorce papers she can get arrested.
Does the father have the right to know where his son lives if he is paying child support?
No. The mother has the right to know where the child is when she's not in her possession. In fact, the court would require it. What if something happened to the father while the child was with him? It would not be in the child's best interest for the father to be able to keep his whereabouts secret from the mother when the child is with him.
Now that's a good recipe to cause strife.
I'm not sure what you mean by "take", but the answer is YES AND NO.
Prior to 2001, NO under any circumstance. However, a young Maryland man brought about the first successful action to overturn such an order. As a teenager, the young man had developed testicular cancer, resulting in the loss of both his testicles. Despite popular belief, this does not prevent a young man from either the desire for, or the ability to perform sexually, which became his undoing.
Due to his sexual involvement with a woman of even lesser morals, he was ordered to pay child support simply because he was the only man the mother could clearly identify to Welfare.
The young man won his initial appeals, but Welfare pressed forward, taking the matter all the way to the Maryland State Supreme Court. This resulted in Maryland becoming the first state to recognize Paternity Fraud.
In 2000, as computer technology advance, the 25-year mapping of the Human Genome was completed. From there, as computers continued the ability to process ever-increasing amounts of data at even faster rates, the ability to process paternity tests went from months, to weeks, to days. Paternity test kits began appearing online that allowed men to determine if they are the fathers of their children, especially in cases where the men were paying child support to a mother who had left them to live with the bio-father of the child(ren). This was especially common in divorce cases where the assumption was that the husband was the father of the children.
In increasing numbers, men paying child support began demanding the right to challenge paternity. By 2006, seven states had passed laws allowing post paternity challenges. In January, the Kansas legislature considered such a bill, on behalf of an Iraqi Veteran, who had been name as the father while on active duty. Unable to return to the US to challenge the claim, a default order was entered. Upon his return, he attempted to file a motion to set aside the child support order, on the grounds he had never had relations with the woman, and thus, couldn't be the father, but his court filings were rejected, so he took it to the legislature. The Kansas Legislature found that such an action would be harmful to the wellbeing of the receiving mothers, and their children, so it was voted down. In July of 2009, Governor Jay Nixon made Missouri the 30th state to allow post paternity challenges, with limitations. The obligor has just two years from the time the order was placed into affect, to challenge paternity.
Though twenty states remain that do not allow post paternity challenges, in none of those states that do, are there any provisions to recover money already paid. Further, if the mother does know who the real father is, she can than file a retroactive motion, for up to 18 years of support, against him. The previous payer has no standing in the courts to take this action, so in many ways; these laws have created a real financial windfall for the mothers.
This needs to be a lesson to any men participating in illicit sexual activities. Even in states that have passed these laws, there are time limits on filing; you get none of your money back. Further, if you're the real father, you could be ordered to pay tens to hundreds of thousands of dollars in retroactive child support on a child you did not know existed.
The amount ordered will be based on your previous two-year gross income, and not what you earned each of those previous years. All your assets will be forfeit, and your current income will be attached for 55% of the GROSS amount, averaging out to 65-70% of the after tax net amount.
A few minutes of pleasure can cost you not only your complete financial freedom, but also that of any family you may have at the time of the award, like all the college savings you had been putting away for your kids. In addition, neither condoms, nor oral sex, provide full protection from a paternity claim, as a Florida Doctor learned in 2006. A fellow doctor, with whom he had oral sex with, impregnated herself with it.
See related links below.
What rights does a father have if the pregnant mother moves out of state?
Parents' and children's personal information is confidential (this includes the NCP).
Yes if he has access rights. see links below
depends on the situation. if you dont have joint legal custody then no, you have no right. however if you do then yes you have the right or if you have a visitation agreement that states that you are to pick up or drop off child at the CPs home then you have the right (and you also have to have the information)
Can two girls that are unrelated share a bedroom in Michigan?
As stated in other questions:
"There are no laws, the arrangements of rooms in a house hold has never been subjected to legislation."
You must remember, America is still a free country.
What percentage of fathers pay their child support?
It all depends on the amount of time you spend with the child(ren), how many other children you are currently supporting, and your income. The link provided should direct you to your County to answer any more questions. There is also a Child Support Calculator where you can enter your financial information as well as how much visitation you have and, at least, get a general idea of how much you will pay.
Can mother stop father from seeing his child if only one month behind in child support?
No she can not. If you have a custody agreement you can only change it by going to court. You pay support for the child so they have food on the table etc, not so the child will have access to his father. He has the right to see his parents anyway.
How old does a child have to be legally to decide which parent they want to live with in Louisiana?
This is not legal advice and should not be relied upon as such. Consult the specific laws for the state and county in which you reside for the rules that apply. In most states, any 18 year old is considered an adult and is capable of deciding when and where they reside. They have the ability to contract for housing. SOME states allow minors to become emancipated under specific circumstances, but this is not just a matter of filling out some paperwork. A minor is the responsibility of their parents until such time as they reach the age of majority or are legally emancipated. The parents are required to provide for the support of their minor children. If the parents give permission, the minor can live in another location. Such permission does not relieve the parents of the responsibility to provide support. If the parents do not give permission, the minor can be considered a runaway. Charges may apply to individuals that aid and abet such runaways, particularly if they are under the age of consent. In some states it is my understanding that this is not enforced for 17 year olds that leave home. If you are subject to abuse, you should contact social services for your area. They will assist you in getting out of the bad environment and into a safe place.
I would certainly question the violation of privacy rights by any school that used email correspondence. A "girlfriend" who is not the biological parent. Has no legal or ethical right to information of minor children. If the a parent gave permission, and the school released such information, the other biological parent has every right to object. And the legal right to have it stopped.
What age can a child refuse visitation in New York?
From what I've read that would be about 13 years of age when he will be given a Law Guardian and the Law Guardian will present the case to the court. It also depends on the maturity of the child and the reasoning behind it.
Can someone go to jail for not paying child support?
Yes. Wrong! The only time some one pays "Back Child support" is if the work and do not pay the correct amount from their pay checks. If a person is unemployed the are not liabel for child support. It is the same as if a mother is not working: she can get welfare and she does not have to pay back the money.
Yes. As the custodial parent she can excercise her parental rights accordingly. Who she lives with is irrelevant. If there is an objection by another family member(s) a hearing can be granted for all sides to state their positions. If the court finds it advisable custody can be granted to another acceptable adult.
How old is a child when they can chose which parent they want to live with in Georgia?
Minors are not allowed to decide with whom they wish to live. A judge usually takes into consideration a child's opinion if the child is mature enough to understand the issues involved but the judge is under no obligation to follow the child's choice. Custodial decisions are always based upon what is in the best interest of the child and not the preference of any involved party. Either parent can file a petition to have the current custodial arrangement rescinded or amended but they must have a compelling reason for the court to make a change.
If an unmarried father signs a birth certificate does this give him parental rights?
An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.
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. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
Is the parent assisting with child support through a court order? Go that route first. Money does matter when raising kiddos. (If the parent still refuses to make contact or speak to the kids, who cares about them? The children may be better off without this loser in their life!)
AnswerRight now I am going through the same thing with my son's father. My son is 4. He wants to spend time with his dad, but his dad only visits him when he feels like it. He pays child support, so that is a plus. You can contact the friend of the court for a mediation, they will have you both go in and ask him why he is not visting the children. They will either push for him to visit them, or possibly have him give up his visitation rights. AnswerI don't know if there is ANYTHING you can do.In California they go by a case called Louden v. Olpin ["Louden"] (1981) 118 Cal.App.3d 565 , 173 Cal.Rptr. 447
the court cannot compel a non-custodial parent to visit... even though morally it's right and the majority view was it should
The summary is mine, you might want to read the case
You can view the case on Findlaw.com at http://login.findlaw.com/scripts/callaw?dest=ca/calapp3d/118/565.HTML
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AnswerI have a 3 year old son whose father will only visit when it's 'convenient' for him...and has never spent any time alone with him. He has a girlfriend who does not know about our son, and I sometimes feel like calling her and telling her. I know this won' t solve the problem, and may make things worse......he pays what he should and on time....but my ds is always asking if his Daddy can come over. Nothing like breaking your child's heart day after day. Too bad there is nothing we can do to change their minds. AnswerI am a mom who has been trying to get my son's father to spend time with him or even call him on the phone but to no avail. He calls or comes over to see him whenever he feels like it and wants to take my 3 year old son 'fishing' with him. I have been along on some of those fishing trips with me watching my son as he gets to the waters edge with the father completely oblivious to the fact. I asked him to come watch our son take his first swimming lessons and he came but he sat to watch the women and girls in the pool rather that the child. I have tried to do the right thing morally but I also question myself if I am doing the right thing for my son? Is my child better off without a father like his? AnswerI am now married to my wife who is not the biological mother of my son. After the mother did not show in court for the custody battle I was given custody. Now that she has to visit with her son who is four and does not live with her anymore, she gets mad and decides not to see him anymore. No calls no visits no bday cards nothing not even xmas!! My wife helps me to keep a journal about all the time that passes by and if she has any contact, we document that too. So I say, keep a journal!!Answer:
Petition the court for more child support and thank God that the loser is out of your child's life. Anyone who doesn't want to be with their child has mental problems and the child (and you) are far better off. Don't let them off the hook for child support.....
Can you teminate parental rights voluntarily in NJ?
I don't think it is possible. However in some states it is mandatory that there be someone willing to adopt the child, before a court will allow the father to sign away his rights.
Basically, you'll have to check the family laws of the state you're currently in to know for sure what will be allowed as far as the signing away of parental rights is concerned.
Do you have to list the father on the birth certificate?
no you dont. i actually just looked at mine like 2 minutes ago and only my moms name is on there. Because they know for sure which women the kid came out of but to find out for sure which man it was they have to get DNA from him so its easier just to have the mom sign the paper because they know for a fact that she is the mother.
