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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
In Georgia what form is needed to have child support arrears reviewed and get a repayment plan?
No form is needed, just contact child support enforcement. They are willing to help. The primary problem is interest penalties, which can double and triple the amount owed. see links.
Can a father get custody of a newborn child?
This one will have to go through a court of law and your parents (if they want custody of this baby) will have to fight your boyfriend for these rights. If the court sees that your boyfriend is too young, not dependable to raise this child then yes, your parents could very well end up with the custody of your baby. It's time you sat down and talked to your parents to be sure they want this great responsibility. If this young man is a nice guy then I would let him at least have some time with his child.
Depending upon circumstances the court could award temporary custody to the birth mother's parents. However, the biological father and his parents would also be granted the opportunity to petition for custodial rights. It is generally accepted that an unmarried mother has automatic and full custodial rights of the child until those rights are challenged. Regardless of who retained custody, the biological father would be granted visitation rights if he so wished. The mother or the mother's parents would not have the option to withold such privileges.
Being charged with neglect means there has not yet been a final determination. If the custodial parent is found guilty of child neglect the court can terminate their custody. Child neglect is an element of child endangerment and is one of the factors a court considers to find a parent unfit. Unless the non-custodial parent has also been determined to be an unfit parent they would be the next choice to whom the court would award legal custody.
The non-custodial parent should consult with an attorney who specializes in custody issues as soon as possible. The attorney can review the situation and explain the options and how to proceed.
See related question.
Can a custodial parent request that child support and arrearages be dropped?
No she can not drop child support. But she can go and get a prosage package. That reduces the amount of money he has to pay for child support. If you don't want him to pay child support at all then why don't he pay it and you give it back to him yourself the next time you guys see each other.
She can visit her local domestic relations office. There is a form (i can't recall the name of it) that the plaintiff completes to state she no longer wishes to receive child support from the defendent. Or depending on the situation you can request that the noncustodial parent relinquish his rights to the child.
An attorney told me that after my wife and I divorced she could write me receipts stating that I had paid her. That way the non-custodial parent is in the clear from back support if anyone should change their mind.
Yes, in Michigan a mother or father can stop child support payments that is owed to them, but not what is owed to the state. They simply would have to go to the FOC office and fill out a form or just write out on paper. The father should be aware that the referre or judge will try to convince the mother not to do so.
Gather the evidence available contact the Department of Children and Family Services, or State agency, or law enforcement, and request an investigation.
yes. once you get the child file for a modification of the final order (divorce, paternity, parental rights) whatever type of case it is. Don't be surprised if the other party changes their mind quickly. The smart thing to do is wait for six months, continue to pay child support or work out an arrangement that you will pay one half of what you would ordinarly pay while you have the child so the other party won't become suspicious, then file the modification, serve it on the other party and you will have the primary custody and the other party will pay support to you and have visitation. Caution; do now or stop paying support abruptly, the other party will snatch the child back quick. If you have an agreement to stop paying child support or modify the amount please file it with the court immediately, otherwise you will be in violation of a Court order. Good Luck
If the mother and child live with the father does the father still have to pay child support?
Yes, all parents are responsible for the financial support of their children. The mother can and should petition the court at any time for a child support order. "Helping" is not considered paying child support which is a weekly obligation that the parent with physical custody can depend upon and figure into the budget. Every parent should help to raise the child. If there is a child support order the father must pay the amount ordered. He cannot deduct any amount for "help" with other things. He needs to maintain proof that he is paying his child support obligations regularly.
Do you need a court order to stop child support payments when your daughter reaches 18 years old?
The original child support order should contain the specified time the child support should cease. In most cases it will be the state emancipation age. However, several states have laws which can allow child support to continue while the child is pursuing higher education or until 21 years of age. Intervention by the court to cease support payments is not needed unless there are mitigating circumstances not included in the original agreement. Such as the child getting married, moving from the custodial parents home, joining the military etc. Most of these actions are mandated under state laws but may need to be brought to the attention of the court.
Emotionally yes, legally no. If a child support order has not been adhered to, as orderd by the court, that is a legal matter. Sadly, a parent cannot be forced to take an active part in their child's life. It's doubtful it would be in the child's best interest, if it were possible.
Good question. The likelihood is that Social Services will get involved and decide which set of parents is most suitable for them. If both sets are suitable then it may go to court for a decision.
When can a child stop seeing a non custodial parent in Indiana?
No. Neither parent should forbid the child to be in contact with the other parent unless there exists a court order to that effect. However, the parent who does not have the child at the time should not make a pest out of him/herself so as to intrude on the other parent's time with the child. Likewise, the child should not need to be in constant contact with the other parent. Adults should be able to handle this situation reasonably.
No. Neither parent should forbid the child to be in contact with the other parent unless there exists a court order to that effect. However, the parent who does not have the child at the time should not make a pest out of him/herself so as to intrude on the other parent's time with the child. Likewise, the child should not need to be in constant contact with the other parent. Adults should be able to handle this situation reasonably.
No. Neither parent should forbid the child to be in contact with the other parent unless there exists a court order to that effect. However, the parent who does not have the child at the time should not make a pest out of him/herself so as to intrude on the other parent's time with the child. Likewise, the child should not need to be in constant contact with the other parent. Adults should be able to handle this situation reasonably.
No. Neither parent should forbid the child to be in contact with the other parent unless there exists a court order to that effect. However, the parent who does not have the child at the time should not make a pest out of him/herself so as to intrude on the other parent's time with the child. Likewise, the child should not need to be in constant contact with the other parent. Adults should be able to handle this situation reasonably.
How do you get child support from the father?
The custodial parent who receives child support payments is legally required to use the funds for the welfare of the child/children for living necessities, educational costs and so forth. The custodial parent is considered the conservator of the minor child/children and is not required to give said children any of the support money for their personal use unless they choose to do so.
What steps do you take to regain your parental rights?
You didn't tell the detail how you lost your patenal rights. if you were a good father then no need to regain the rights. try just to find them in your family
How do you go about appealing the termination of parental rights?
You need an attorney who specializes in custody issues and the appeal must be filed within a short period of time after the judgment. The court can advise you of the time period for filing an appeal from the judgment.
Can a child speak with a judge during a custody battle?
Yes, however it could be viewed as a sign of Parental Alienation Syndrome. which the child may not realize they have as a primary parent can be very good as manipulating how they think about the other parent.
It depends on your state law but in most cases yes you can. Just because a court has deemed the father unfit to parent does not mean they are absolved of there financial obligation to the child.
How would go about getting your sons father to sign over parental rights to you?
You need legal counsel for this one or it can get messy. Really think of what you are doing before making this decision because once you have signed over custody these are on the court docs and if you change your mind in the future (and you well could) this won't look good and you could lose a lot in the end.
One reason a court will allow a parent to voluntarily their rights to a child/children is in the case of adoption. Another is, if there has been intervention by the justice system and it is at that time, in the best interest of the child, as opposed to the court permanently terminating parental rights. In most cases a parent voluntarily reliquishing rights retains the option to have them reinstated at a later time as long as legal adoption has not been finalized. That is not generally true when the rights are terminated by the court. State laws determine the process of voluntary relinquishment. It is best handled by an attorney specializing in family law, however information can be obtained from the clerk or court administrator of the court of jurisdiction. Be advised that depending upon individual circumstances, the surrendering of parental rights does not always relieve the parent(s) of financial obligations.
If a father refuses to return child to mother after visitation time what can be done?
File parental kidnapping charges. File contempt with state. If you know where the child is being kept and the other parent isn't there you can pick up the child at the babysisters.
We had this problem with my husband's exwife, she took them to IN for a summer visit and signed papers saying she would bring them back in the middle of Oct. We finally got them the 2nd week in Nov. She refused to honor her signature and drive them back, we had to drive to pick them up. She kept screaming that she didn't know WHY he wouldn't just let her keep the kids. We called the police in IN, they told us that they do have laws against parental kidnapping and such on the books, but that unfortunetly they had never written down any way to enforce these laws so there was really nothing that could be done to return the children other than wait for her to bring them back or file a contempt order in the original state, FL. wait for months or years and see if she showed up for that but if not we'd have to wait till she went back to FL if we happened to know about it and try to get her there.
No. Schools have rules for this to protect the child and the parents. All schools have a "list" of authorized persons who are allowed to remove certain children from the school grounds. To do otherwise would be kidnapping, a chargeable offense.
Can you legally divorce your parents?
No. If the minor child is in a situation where he or she believes themselves to be abused or neglected they should enlist the assistance of a trusted adult (parent of a friend, teacher, counselor, etc.) or contact: National Child Abuse Hotline 1-800-422-4453 or 1-800-252-2873 National Youth Crisis Hotline, 1-800-448-4463 Teenline Online, http;//www.teenlineonline.org
What age can a minor child choose to live with the non-custodial parent in Michigan?
Check link below for more info.
How do you sign over your rights to a child in Nevada?
A person who wishes to relinquish parental rights may do so by petitioning the family or domestic relations court of jurisdiction. The relinquishment of parental rights, will not release the parent from financial obligations such as court ordered child support.
If the couple are unmarried paternity must be established before a child support petition can be filed. If the father refuses to take a paternity test the court can order him to do so. The matter of not knowing his last name is indeed troubling and may be reason enough for the court to deny any motion for testing or support. Contact the department of family and children's services or the state health and human services in the state of residency for assistance.
Can you get sole custody if your ex-spouse has moved out of state and rarely sees the children?
yes,if he has had little or no contact with the said child/dren,also you can call it abondement no intrest in the child. with the child/dren with you ,you have primary custody as of right now. but, if it comes to court bring evidence such as utility bills that have a change of date on them that was switched to your name after he left, or if you rent ,a letter from your landlord the date he moved out.dont give up,the courts usally favor a mother unless there is child abuse. the parent that the child/dren remained with has a great leap forward for caring for the child/dren first.
His parents will be responsible until he turns 18 years of age. By the time you take him to court, he will probably be of age and it will all be on him, financially and morally. * In most instances, no. The parents could not be held legally or financially responsible in such a situation. Generally the court will spindle any support petition until the minor reaches the age of majority and then review the case, at which time it will be decided if support should be ordered and any arrearages assessed. In all US states the father's paternity must be established when it concerns a child born out-of-wedlock before the court will address any other issues.
