0
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
Can a mother deny visitation if the father is paying child support?
Whether or not a parent is paying child support is irrelevant when the issue is visitation rights. If there is a court order for visitation the primary custodial parent must allow it or be found in contempt of court. If there is not a court order in place the custodial parent can make the decision to when, where or if visitation is allowed. Visitation guidelines are usually established during the custodial proceedings.
Do you have to let father see child if he does not pay child support?
Yes. Child support and visitation are two separate issues and parent are not required to pay to see their children. However, you have the right and responsibility to pursue the child support issue. Every non-custodial parent should pay toward the support of their children. The court has many resources for enforcing child support orders. First, you need to make certain you have obtained a child support order. If the father doesn't pay you need to file a motion for contempt of court and stay on top of it. Ask the court's assistance in collecting.
Does a non custodial parent have parental rights?
Sure they do. They have the right to pay support, and they also have the right to visitation unless a court has denied a parent those rights. The custodial parent is the parent having physical custody of the child and usually that parent has sole legal custody. The child lives with a parent having custody, but still may see the non-custodial parent.
ClarificationIt depends on several factors including marital status, what type of custody you are referring to and the details in the court orders, if any. One parent may have primary physical custody with both parents having joint legal custody. There are different arrangements.
If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.
Generally, if the parents are unmarried and have never been to court 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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can a father give up rights if he signed the birth certificate?
It matters if the father is named on the certificate as the father. If so, then he has as much rights as the mother. But in a court of law you might find the mother has a little more.
Only if the mother has a problem will the father get custody. The law see's the mother
as the one who the child should live with.
At what age can a minor choose which parent they want to live with in the state of Texas?
No, minors are not allowed to make the decision as to where they want to live, whether it pertains to parental custody or guardianship issues. If the parents cannot find an equitable solution as to which is to be the primary custodian/conservator, the issue will be decided by the judge. Judges base their decision on what is in the best interest of the child/children and not on personal preferences of those persons involved. The above answer is incorrect... The legal answer is found in Section 153.008 of the Texas Family Code which provides that at the age of 10 a child may, by writing filed with the court, indicate a parental preference or choice of managing conservator in Suits Affecting Parent-Child Relationships.
The courts cannot force an absent parent to visit the child[ren].
Where do you get paper work to sign over your rights as a parent?
The parent would need to file a petition for the voluntary termination of parental rights (TPR) in the state court that has jurisdiction. After filing the petition a hearing date would be set and the judge would listen to the reasons for the request and allow any interested party to contest the action. TPR's are generally granted so that the child/children can become eligible for adoption, not for a parent to escape their financial obligations to their minor children.
the bio-father still has more rights as obvisouly he is the true father
Can Children and Youth Services take your kids away from smoking pot?
I am CPS investigator from texas. And the answer to this question is yes and no. Depends on your particular situation Are you the only care taker for your child? if so do you have a young child? If you don't have a family member to place the child with CPS could take custody. The same would also apply if you were getting drunk all the time and you were the only care giver for your baby. However if your kids are 15 and 16 and your the only care giver not such a big problem. but its illegial. So if your a parent just don't do it.
Can your parent decide who you visit or see?
Yes, your parent can decide who you visit or see especially if you are still a minor. Concerned parents do not want you to hang around with the wrong kind of people. That's why most parents suggest to meet the person that your visiting or seeing.
What to do when your dad leaves home?
you should call him a lot and prepare for his homecoming he will always love a big hug after a long day month or week mean while let him know that you miss him if he is far away send him pictures on his phone that will always cheer both of you up
How do you get custody of a child that is not yours?
Take it to the courts. If you are stable, can show the parent is harmful to your sibling, then you have a very good chance. Siblings get custody of younger siblings all the time. Getting a pro-bono lawyer right away is the first step, unless you have the money for a lawyer.
Can a legal guardian take a child out of state without the non custodial parents consent?
Legally, a parent or legal guardian can remove all but clothing and necessities, such as a bed. ALL parents have used the "consequences" form of punishment, which is to remove items for a day, a week, a month, etc.
AFTER age 18, if a child is given something then it becomes his/her property.
Your 18 year old child had a baby she's not in school do you still have pay child support?
Whether or not the child is attending school does not relieve one from their court ordered responsibility to provide child support. The only possible way this may apply is if that was specifically written into the divorce decree settlement papers and the court judge approved it.
Can the mother of your child go after your wife for child support?
Yes, it is the responsibility of both parents to support their child/children. In a few states the amount of income that both parents make will be taken into consideration in deciding the amount to be paid. In most, only the parent's income/assets who will be paying the support is considered. Therefore the custodial parent could be independently wealthy and support for the children would still be ordered by the court.
Do fathers have legal rights to their children while incarcerated?
yes you can get assistance if your sons father is incarcerated. i did my daughter will be 4 soon and her dad just got out a year ago and i have received it since she was born. they will try to make someone pay it back eventually usally it is the noncustodial parent that has to pay it back if they dont then they will take there tax checks each year until its paid in ful.
Can non custodial parent bring friends on visitation?
Yes, provided the parent remembers the purpose of the visitation, and the friends do not draw attention from it.
In Wisconsin in the same circumstance the mother still has rights to the children until an order is put in place by going through mediation to have sole custody. I was told that the courts will not make the father or mother sign over rights as a parent unless there is another parental figure in the child's life. (You have to get married) The mother or father, however, can willingly sign over rights. I have just found this out because I am in the midst of this with my daughter's father. I think it is absolutely absurd. The abandoning parent poses more of a risk in the child's life than a positive role model.
Does a parent lose rights to their children if a legal guardian is appointed?
No. Even if the parent holds full legal and custodial rights he or she cannot change guardianship of the minor child without the other biological parent being informed and given the opportunity to file suit to stop the action.
When one wishes to transfer parental rights permanently he or she must do so using the prescribed court procedures as designated by the laws of the state where the parent and child holds residence.
Likewise, when a parent wishes to have temporary custody of their child granted to another party (related or not) he or she must notify the non custodial parent and give that person the opportunity to accept the responsibility. Temporary custody is generally defined as 3 months or less and the parent must keep in contact with the custodial person(s) and the child if the child is old enough to participate.
Contact is defined by the laws of the state with custodial jurisdiction, (phone calls, visits, emails, written correspondence).
Is there a NY state law regarding opposite sex children sharing a bedroom?
no there isn't i looked it up on ask.com and it says nothing about opposite sex children sharing a bedroom being illeagal.
What rights does a 16 year hold have?
Your rights at 16 are the same as those of any one else. The amount of control that may be exersised over you at that age depends on the laws of the locality that you live in. Laws of coarse have nothing to do with rights.
Can your dad keep you from moving with your mom?
If a minor resides in Pennsylvania or Mississippi they do not reach the legal age of majority until they are 21. Therefore resident minors of these two states would be presumed to be under the control of their parents until reaching the required legal age. A minor living in any other state is considered of legal age at 18, with the exceptions of Nebraska and Alabama where it is 19. Other than the two states noted, there would be no "legal move" a parent could take to force someone who has reached the state's legal age of majority to remain in the family home.
The above is incorrect: D.C., Indiana, Massachusetts (if still living with parent), Mississippi and New York have a legal age of majority of 21; Colorado and Nebraska use the age of 19; in almost all other states, it is 18, with exceptions if the child still lives with a parent, or is still in school. Check you own states' statutes for the most current information.
If a father decides to give up his rights to a child does he have to pay child support?
My husband went through the same thing excpet we don't know what his son actually felt. Anyway, once he relinquised his rights he was not financially obligated to pay support or any medical bills that occured after the termination of rights. 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 a unwed mother have custody of a child if the father is on birth certificate?
The unmarried father must file a petition in the family court to establish his parental rights legally. Once established, he can request visitation rights or custody through the family court. If the mother retains custody he will be granted a visitation schedule and will also be subject to a child support order.
By not establishing his parental rights legally at the time of birth, the unmarried mother has freedom of movement. Once she moves with the child to another state it will be much more difficult and costly for the father to pursue his parental rights.
