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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 are the father's rights if he pays child support and has joint legal custody?

The mother has primary residential custody. However, the father has visitation rights which are likely set forth in a visitation schedule and he has the right to be included in any important decisions that affect the child. The father should review any documents related to his case including a separation agreement, visitation schedule, child support order and custody order.

What happens when a non custodial parent violates a court order?

The custodial parent must take the matter before the court by filing a motion for contempt of a court order. The court may impose sanctions but the custodial parent must stay on top of the situation.

Can an older sibling get coustody of her younger sibling if her parents physically and emotionally abuse her then kicked her out at the age of 17 and is threathening to kick her little sister out?

Technically no! Unless the 17 year old is now 18 and has a job, and a place to live along with many other things. I think the best thing to go it go talk to a teacher, ask for help and tell them the issue. Have them call someone while you are away at school! Get there early and bring a change of clothes with you! Also bring along any other important documents or items that you might want. It you have to, call CPS yourself or call the police! There is never a reason to be physically and emotionally abused. I was abused as a child and there was never a place that I knew I could get help from! I really hope you can get out of that situation and get the help you need! I hope when you get older and your sister gets older and have a family of your own, that you can show your own children what GREAT parents you can be! I really hope everything gets sorted out!

What if the children 13 and 11 do not wish to have visitation with their father?

You cannot force her to go and don't make her but what you should do is find out why she does not want to see her as sometimes (heaven forbid) they are being abused in some way or another and of course it could just be rebellion if he is just strict.

Can a grandparent keep a parent from seeing the child?

The answer depends on the circumstances and you haven't provided any details so the following is general information that may be helpful.

  • If the grandmother has custodial rights under law and the father has lost or given up his parental rights, yes, she can keep him from seeing his son. The law may be different in different locations, so a father in that situation should consult an attorney who practices in the locality involved.
  • If she has legal custody of your son or is acting on the instructions of someone else who has sole legal custody, yes.
  • If you have parental rights and visitation rights the grandmother does not have the right to keep you from seeing your son without a court order to that effect.

Is there supervised visitation for children in texas?

This is an issue that's frequently brought up, along with the right to choose what parent they wish to live with.

This issue particularly arises as children enter their teen years. They don't want to be required to spend time with a parent, either parent. They think of themselves as almost adults, and thus can make their own decisions.

Let me start with the view on one teen on Joint Physical Custody.

Equal Time - A Teen's Views On Joint Custody

How I divide my life between my divorced parents' homes.

By Charlotte Juerge - Newsweek - Dec 15, 2008

See Link Below

"My parents divorced when I was 2 years old. Because I was so young, I cannot remember anything of how the divorce actually felt at the time. But 12 years later, I am quite content with my life and my parents. Unlike many divorced couples with children, neither parent has primary custody of me, but rather, I switch between my parents' houses every other day, spending roughly equal time with my mother and my father. "

For younger children, the argument can be postulated that Parental Alienation may be involved. This is a controversial issue with arguments presented on both sides, but cases involving child abductions where the abductor simply wanted a child, has shown how easy it is to alienate a child, from both parents. But, even teens can be alienated from a parent, or both parents.

Mom Loses Custody For Alienating Dad

Ruling a 'wake-up call' for parents who use kids to punish ex-partners

See Link Below

Parental Alienation Syndrome - The Gregory Mantell Show

See Link Below

A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? See link below

The main issue here is not their right in choosing to spend time with the other parent, but their right to ignore and dishonor the authority of the family court. One has to wonder how many males that ignore child support orders were raised to believe it okay to ignore any family court orders, which includes the visitation orders?

If a child, whether by choice or through the influence of a primary parent, doesn't wish to spend time with the other parent, this issue has to be first brought before the court for consideration. The child can explain to the judge, outside the presence of either parent, why they feel it's in their own best interest as to why they no longer have a need for the parental influence of the separated parent?

There are reasons for the need of two parents, but if the child(ren) are getting tired of switching homes, perhaps it's time for the parent to be doing the switching.

This is what I suggest to the kids faced with choosing which 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 WHILE THE BIRDS TAKE TURNS BEING THERE.

* A Child's Choice In Custody * Bird Nest Custody * Equal Time - A Teen's Views On Joint Custody * Mom Loses Custody For Alienating Dad * Parental Alienation Syndrome - The Gregory Mantell Show

Does a father who abandons his child still have rights?

If you weren't abusive, an alcoholic or into drugs and your wife just left you, then she has no right to keep your child away from you. However, if you choose to see your child then it's your responsibility to make child support payments whether you and your wife get back together or not. If you want to see your child then it's best to contact a lawyer and go through the court system and if you win the custody battle, then be responsible and pay child support. Marcy

Can you get your legal rights back of your child after signing rights over?

Depends on why you signed them away. If it was for temporary treatment you can but not if the child was adopted. When it comes to foster care. the court would have to be convinced the situation has changed and that you wont do it again.

What rights do you have to see your son when you and his mother are no longer together?

If you are appropriately paying child support, you should be able to see your son, take him out to do things with etc. After all, he will need your emotional support as well as monetary support. The problem with many breakups, is that the conflict in many cases goes on long after the separation or divorce. This is not in the child's best interest as well as the parents of the child. You and the mother of your child are going to have this bond for years to come whether either of you like it or not. For the sake of the child's financial and emotional well-being, the both of you must learn to work together for the benefit of the child. If you are not being allowed to see the child, you may half to take it to court. I would try to work with one another without dragging it through the courts in a adversarial way where in many cases it becomes a lose-lose situation all the way around (that is, except for the lawyers).

A lawyer appointed by the court to look after the interests of the child?

A Guardian Ad Litem ADDED: Guardians Ad Litem do not necessarily have to be attorneys. They may also be trained lay persons.

What is the percentage for child support?

There are no published averages for child support in California, and it would be difficult to obtain such information.

Child support in California can vary greatly and is entirely dependent on income levels of both parents. The minimum is $100 per month, but can reach very high numbers. For example, a parent earning $20,000 per month could end up paying $5000 or more per month in child support.

Can a man be served child support papers without a DNA test or signing the birth certificate?

This depends on whether an order is in place, if you live in a state that allows a post order paternity challenge, and if it's been less than 24 months since the placement of the order. see links

What is the definition of neglected?

neglected

adjective 1. disregarded; "his cries were unheeded"; "Shaw's neglected one-act comedy, 'A Village Wooing'"; "her ignored advice" [syn: ignored] 2. lacking a caretaker; "a neglected child"; "many casualties were lying unattended"

What are the legal steps to prove a custodial parent unfit due to alcoholism?

Am searching for ways to prove that my ex is unfit as the custodial parent of our children due to alcoholism. He frequently passes out and leaves my 2 children, ages 7 and 9 to completely fend for themselves. I need some guidance quick! Go to "Children's Aid" and have them stop in at the time you know that your husband passes out and leaves your children to fend for themselves. Once they see it with their own eyes they will take the children, but probably at a later date give you sole custody. Although this is traumatic for the children it's a must! Hopefully you are capable of raising the children and will have to prove this fact as far as finances, home, education, etc. The children always come first and you sound like a great mom, so go for it!

Can you take your child out of state no custody?

Just keep in mind

What is in the best interest of the child and that they love each parent,

Can a caregiver sue a custodial parent for child support?

No. A person without legal custody cannot sue the parent for child support. On the other hand, if the caregiver has an agreement with the custodial parent to pay for childcare and the custodial parent has breached that agreement, the caregiver can sue for the amount owed. If there was no agreement to pay then the caregiver has the option to stop providing free childcare but they cannot create a financial obligation where there was none agreed upon in the first place.

What is the legal procedure for a child to emancipate himself from his parents?

Be a resident of a state that allows emancipation.

Follow the state statute for the exact process, but it typically requires notification of the parents, proof that they can handle their own affairs, including financial and living arrangements, reasons why their parents should no longer be responsible for their actions.

Who has sole custody of a child whose parents were never married in la And the fathers name is not on the birth certificate?

If there is no court order saying otherwise it's always the mother.

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 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 your lesbian partner adopt your child conceived by a sperm donor?

As long as the state you live in allows gay adoptions, yes. Some states do not allow gay people to adopt children. Some states allow you to adopt, as long as you are not in a relationship at the time of the adoption. You will have to check your state's laws on gay adoption in order to be certain.

What does it mean to terminate?

Termination in employment means no longer employed i.e. Fired or let go.

What happens to the child when the custodial parent goes to jail?

Not sure what you're trying to ask. However, typically when a parent who has main custody goes to jail, the other parent will take the child in, or even a family member.

How do i get guardianship of a non related child?

The exact procedure depends on where you live, whether the guardianship is to be permanent or temporary, legal or a simple transfer to caregivers.

Consult an attorney or the family court in your county of residence for specifics.

How do you get step children to get along?

Maybe, the child needs time to get use to the idea that his or her parent is now with someone else, and if your bossing them around or trying to be there mom or dad, don't. Or if there being bad their probably thinking that he or she is not getting enough attention, and now their acting out. Let the children get use to it, and let them come to you. Forcing something on a child is no good, it will just make them act up more. i don't what problems the children are causing, but children need more attention and shouldn't be blamed.

Which Monkee was deferred from the draft?

Supposedly two members of the "Monkees" musician group were deferred from the military draft during the Vietnam War; Micky D. and Davy Jones.

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