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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

Can non parent managing conservators be required to pay child support?

I'm not familiar with the term 'managing conservators,' but it sounds to me as if such persons are not legally responsible for the child and, therefore, can not be required to pay child support.

Can a child move out at 15 years?

A 15-year-old can move out with a close relative. If you want to live on your own, you will need to go the the state courts. It all depends on the state you live in.

What if a 17 year old refuses to go back to custodial parent due to abuse?

There is really nothing you can do their not minors their becoming adults in a year. They gave a choice who they could go with since their not minors

What is the law in TX for signing over parental rights to a child?

Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit affecting the parent-child relationship in which the department or an authorized agency has been appointed by the court or designated in an affidavit of relinquishment of parental rights as the temporary or permanent managing conservator of a child, the court shall hold a hearing to review the conservatorship appointment and substitute care.

see links

How do you get custody of your nephew in Colorado foster care?

To get full custody of your nephew , you must have very , very good reasons to take him from his rightful parents. You must prove beyound doubt that both his biological parents are not fit to look after him, and both are not fit to look after him, which is going to be hard.

Can a father get custody from grandparents that adopted child?

Both parents would need to consent to the appointment of the grandparents as legal guardians. If there is no consent, the grandparents would need to provide compelling evidence that the parents are unfit. The court would evaluate the situation and render a decision.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child

Does a non custodial parent have the right to visitation if the child if not legitimized?

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 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.

Will my son's biological father's girlfrend's felony conviction hurt his custody case?

If she lives with you it sure could, especially if the child's father is fighting her for custody of the child. He will use your criminal background as evidence of the child being around a "bad influence."

Is there legal aid for fathers who cant afford a lawyer for child support and visitation rights in the state of CA?

California child support enforcement is required to represent you in child support matters; for visitation rights, contact your local bar association and/or legal assistance foundation office.

Why would the state attorney close a child support case before the child is 18 years old?

There could be many reasons.

  • They may feel that pursuing child support is futile.
  • They may not want to continue to spend time and money pursuing child support.
  • They may have determined they don't need the money.
  • They might have decided they wish to sever all ties with a non-custodial parent who won't pay their child support and has nothing to do with the child.
  • They may have another adult in their life who is willing to step in and be a real parent to the child.

If there is no court order can the mom deny visition?

The short answer is "yes". If a custody agreement has not been set and lawyers are not involved then the mother does not have to let anyone see her child. However, if the father's name is on the birth certificate, he may have the same rights. In some states, the father listed on the birth certificate (especially if the couple were married) has as much right to "protect" his child as the mother, meaning he can keep the child away from the mother until the court arranges custody.

Do you need to file custody papers for a child if other parent is on birth certificate?

in the state of north carolina if the fathers name is not on the birth certificate can he file for custody?

What happens to back child support when non custodial parent dies?

That's dependent on state law. Certainly a lien on the estate, but in Missouri, you can also put a lien on the estate of the grandparents.

Correct, but what would happen if the individual had nothing in their name, no will, and no estate. that invidivudal was living with elderly parents who were providing room and board

Is it child abandonment if mother moves to a different state and children are with their father?

Yes I would consider that as abandment. My brother is going through the same thing. His baby mother left their daugher with him since the age of two and she is 6 right now. He never took her to court cause he didn't want to hurt her, and never put her on child support. The mother don't take care of the child and barely sees the child. My brother recently moved the Chicago to take a good job and better him and his kids lives. She knew all this and is now saying that he kidnapped the child. She have 5 kids total and don't see any of them and have no rights to them. She don't even pay her court ordered child support for her first 4 kids. And she and my brother were never married.

Can a father sign over rights to just one child?

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

What age can a child choose which parent to live with in Montana?

Only Texas has that law, but with significant restrictions. In all other states, it's a case by case basis, with the Judge interpreting the maturity of the child, and their intent, but this still does not override other evidence in the child's best interest. It's just a piece of the evidence.

see links below for additional info

What happens if the father doesn't pay child support in Texas?

You will be prosecuted for contempt of court. They usually get the money anyway from selling your things, take them directly from your salary etc and you end up in prison. If something is wrong with the court order you have to turn to the court in order to have it changed. Just not paying will get you into trouble.

How the parents decide on who gets custody of any children of the marriage?

Ultimately this is a question for an attorney.

However, in general, the court will look at the specific circumstances and evaluate which parent is in the best position to provide a healthy environment. The general rule is that "the best interest of the children" is the overriding factor.

In an emotional, contested action each side often presents conflicting "facts" and "evidence" to indicate that they are better suited, and the other side is unfit, to have the kids.

In those cases, the court must evaluate the information and ultimately decide "The Truth."

Does domestic violence disqualify someone for child custody?

Yes, if brought to the court's attention, a domestic abuser would not be granted custody of a minor.

Yes, if brought to the court's attention, a domestic abuser would not be granted custody of a minor.

Yes, if brought to the court's attention, a domestic abuser would not be granted custody of a minor.

Yes, if brought to the court's attention, a domestic abuser would not be granted custody of a minor.

Do biological children have a right in the estate of their mother over a stepfather?

It depends upon the laws of the state in which the person resided at the time of death. In many states where a will does not exist the surviving spouse "automatically" becomes sole owner of all personal and real property aquired during the marriage. Other states have laws in which the children of the deceased parent receives a portion of the estate when no will exist.

The best option is to contact an attorney who practices in the field for information regarding the governing state laws.

How does a minor become emancipated in Missouri?

Missouri does not have an emancipation status. A minor who is not a victim of neglect and/or abuse, may apply for early emancipation if he/she is at least 16. If it is a DFS matter, the issue will be handled according to juvenile law guidelines. If it is a voluntary request the minor must present proof they are able to live without adult involvement. Meaning able to earn enough income to pay for housing, food, clothing, medical care, and if applicable their continuing education, and so forth. The minor will also be responsible for paying filing fees and other court costs. Emancipation (freedom) ironically does not come free. In regards to emancipation of a minor, parental permission is irrelevant. A court does not arbitrarily grant emancipation decrees. If the minor child is in an environment that is neglectful and/or abusive they should contact state social services for assistance. DSS will conduct an investigation and if circumstances warrant, remove the child from the family home. The child will then become a ward of the court, there will be a hearing to present evidence and take testimony from concerned parties. The presiding judge reviews all the evidence and renders a decision on what if any action should be taken. Either the child will be returned to the family home, be placed with a relative who is acceptable to the court and willing to take the responsibility; or placed in a foster or group home. If the minor child believes they are in imminent danger they should contact the local police or make a 911 call.
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Can you win an appeal in a child custody case?

That depends on the strength of the case when appealing. The court has the responsibility of determining what is in the best interests of the child when determining custody. The onus is on the non-custodial parent to convince the court that the original order was in error. So can an appeal be won, yes it can, but not without very good reason. Appellate timelines move quickly almost everywhere, so it is important that you have good legal representation as well as good reasons (backed up with documentation) why you would be a better custodial parent, not just because you think you would be so.

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