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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 child custody laws of CT?

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 and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

How long can a parent go without seeing the child before it is considered abandonment in the state of South Dakota?

'Abandonment' is when a child is left somewhere with no parent, ie, the child has been ditched somewhere.

If the child is with one parent, it doesn't matter how long the other parent doesn't see it, it's never 'abandonment'.

Does adultry have any bearing on child custody cases?

In the 22 states where adultery is still on the books as a crime, it may. If the parent is prosecuted and convicted, a criminal history isn't viewed as favorable in the eyes of the court and an adulterous parent may not be considered the best role model for a minor child. If the paramour has a criminal past or any other skeletons in their closet and remains a part of the parent's life, that's another strike. If the adultery occurred while in the presence of the child, that's also not favorable. Wiley attorneys have won custody cases for their clients with adultery, along with other factors, as ammunition.

That said, the judge is always going to rule in favor of what he/she feels is in the best interests of the child and adultery in and of itself is often not enough to disregard the guilty party's ability to parent and provide a stable and loving home for a child. In other words, the better spouse is not necessarily the better parent.

For more information, you should consult with an attorney in your area with a specialization in family law and outline all of the details. He or she should be able to give you an informed opinion regarding the impact, if any, of adultery specific to your case.

Can your daughter leave the state with her children without her husbands permission?

Yes, as long as you have not established your paternity legally and obtained a visitation schedule or custody rights.

Yes, as long as you have not established your paternity legally and obtained a visitation schedule or custody rights.

Yes, as long as you have not established your paternity legally and obtained a visitation schedule or custody rights.

Yes, as long as you have not established your paternity legally and obtained a visitation schedule or custody rights.

If you sign over parental rights will this stop child support in Virginia?

Only in the case that both parents agree to terminate parental rights and terminate child support and then a Motion to Modify SAPCR must be entered and a judge must agree to the terms of modification and sign off. In general, once paternity is established, the non-custodial parent must pay child support as order by the court. The amount of child support can be modified if there are matieral changes to the parent's financial circumstances, but not terminated prematurely. If parental rights are are signed over, child support must still be paid--otherwise, non-custodial parents could sign the rights away to avoid paying.

Can you keep your children away from their grandparents?

(in the US) Certain states have ruled that Grandparents DO have the right of access to their grandchildren, but this is not a universally held or universally enforceable decision. You will have to check with your individual state.

Can a father file sole custudy of a child when the mother is a minor?

He can try, but the minor mother have equal rights to the child. They will not remove the child from her based on the fact that she is a minor as long as she is a fit parent.

Can a 15-year old decide which parent they want to live with in Georgia?

Your father (the non-custodial parent) would have to petition the court to have custody changed. At your age, you would be given to chance to tell the court who you would prefer to live with. The court makes the final decision, but they will take your wishes into consideration when making that decision.

Could a father get sole custody of a 16-month-old if the mother consistently associates with relatives who are drug abusers?

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How long can a father go without seeing the child before he has no rights for custody of any kind?

He'll never lose his rights. If he wanted to , he can always take you to court and get visitation right. The only way he will lose his rights is if he gives up all parental rights in court. Even if he still does this he still has to pay child support no matter what. Don't let him miss a payment. If he misses a payment, report him.

rights can be taken if you file for abandonment. Abandoment will be considered if there is six consecutive months of no contact between the parent and child. I am going through it now so my husben can adobt my daughter.

I was told it was 3 months of no contact in Tenessee. I am also working on getting remarried, and my current fiance adopting my first child. As far as she knows, he is her father. She does not know nor remember ever having another. It's been 3 years since a visit or child dipport check has been seen.

Is primary physical custody the same as sole custody?

They are two terms used interchangeably that essentially mean the same thing.

Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted.

Sometimes a parent may have primary physical custody but the other parent may have legal custody, meaning one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." This parent can make all decisions without seeking in put from the other parent.

What is the legal age for a child to decide which parent to live with in the state of Vermont?

Leaving Home

The parents of an non-emancipated minor have the custody and control of such minor. This means that the parents can legally decide where the minor lives until the minor reaches the age of majority (usually 18) or otherwise becomes emancipated.

If a minor moves away from the home of his or her parents or legal guardians without their permission, that minor can be picked up by authorities as a runaway. Depending upon the state, there may be an evaluation stage in which the situation is reviewed to insure that the individual is not endangered by being returned to the home. Some states have recognized that minors that are 16 or 17 are often considered questionable as to their ability to leave home. Authorities may not want to deal with minors in this age group and some states are establishing legislation enforcing the age of majority and eliminating any questions in the eyes of the law enforcement community.

Check with your local laws for more specifics. If you are in an unsafe environment, law enforcement personnel can put you in contact with the appropriate agencies to obtain help.

What are the custody laws for out of state children?

In the case of one parent moving out of state without the child, the state in which the divorce or separation took place would take jurisdiction. If a child moves out-of-state with one parent without the other parent's consent (unless court ordered) then the original state where the separation took place still holds jurisdiction. If a child moves with the parent out-of-state with both parents' consent (or with a court's permission) then the jurisdiction is transferred to the state in which the child currently resides. If BOTH parents move out of the original state to different states from each other, then the jurisdiction transfers to the child's new state.

In the following examples, Tina is the mother, Joe is the dad, and Terry is the child. They lived in Florida when the divorce happened. Tina won full custody of Terry, but Joe gets visitation rights. There is a dispute. Where do we take it to court?

Scenario 1: Joe and Tina decided to both stay in Florida. Simple. Hold court in Florida.

Scenario 2: Tina left Florida and moved to Georgia because Joe was abusive, but she did not tell the courts. Hold court in Florida.

Scenario 3: Tina petitioned the court to be able to move to Georgia because Joe was abusive and the Florida court said okay. Hold court in Georgia.

Scenario 4: Tina and Joe both went a little looney and just decided to leave Florida altogether. Tina takes little Terry to Georgia and Joe moves to Alabama. Hold court in Georgia.

What age can a minor child choose to live with the non custodial parent in West Virginia?

A minor child does not get a vote without a Judge's approval. You must be 18 to make your own decisions about where to live.

Do fathers have rights if married after the child is born?

This is an area not addressed in the statutes. Single fathers have no assumed rights. How this may apply if there's a divorce later on has not been addressed at this time. To the best of my knowledge, mothers or attorneys have not attempted to claim the father still has no rights.

Why do you have to pay child support if you cant see the child?

You should contact an attorney who specializes in family law if possible. If not you should visit the family court in your area and speak with an advocate who can help you file a petition to establish your parental rights and obtain a visitation schedule. If you do not have a formal child support order in place one will be established. Child support and visitations are two separate issues.

If you are a unmarried mother can you take your child and move out of state?

Yes, the law presumes that an unmarried female who has reached the age of majority has full and legal custody to her child/children. Before the father of the child can establish any parental rights he must prove paternity.

Can the custodial parent move out of state to Colorado?

Absolutely. Just notify the courts of the address change if you have a court order for sole custody and there is no visitation order for the non-custodial parent. I dont know about joint custody.

How do you relinquish parental rights of 17 year old?

File a voluntary relinquishment of parental obligations in the state court of venue. Each state has set TPR requirements that must be met, if the judge believes such action is in the best interest of the child/children ALL parental rights will be terminated.

How can the mother get custody denied in court for visitation of the father?

It depends on the court, the state, the county and the judge. From personal experience I have learned that once a parent enrages the judge (whether legal or not) that judge has a significantly higher likelihood of ruling in the opposite parents favor just because you made them mad and nothing can be done unless that judges decision is appealed.

Visitation can be denied because the child is placed into the system and it is not (at that time) in their best interest, a judge can deny visitation if the non-custodial parent has been found to engage in serial physical/emotional/sexual abuse/parentel alienation/drug abuse, etc. Visitation can be denied if the other parent is a sex-offender with a high likelihood to re-offend, the parent is in jail or prison, or the parent is uninvolved.

Also if the parents were never married EVEN IF the father signed the back of the birth certificate (paternity affadavit) registered in the putative father registry the mother still maintains sole custody of said child until the father goes to court and establishes legal custody. In these cases the mom (unfortunately) can do whatever she wants. She is not required to let you see your kid(s) by law. You are not entitled to report cards, health records, input in major decisions, nothing when a mom has sole custody you have about the same rights as joe blow with no relationship to your kid(s).

Visitation can be denied if the parent is deemed to be unfit by the court. 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

Can your friends mom adopt you?

Yes they may. But your parents have to know that you are getting adopted by your friends mom. If they say ok you may get adopted. But if they say no then you can't. I know your thinking well my parents dont need to now. But they do. I know you dont want to tell but you have to.

Is it considered child abandonment if the father does not exercise his visitation rights?

Unfortunately it is not... I was in a similar situation just over a year ago. IF you're currently pregnant I would suggest keeping your mind focus on anything other than "the one that left". It is unhealthy for the mother as well as the child.

Once you've had your child and after you've gotten accustomed to understanding "what it takes" to raise an infant alone - educate yourself quickly regarding the matters of child custody and child support. Obtain a good attorney if possible.


If your case doesn't mediate (working out your own arrangements for custody/child support) with the father, then a judge will decide. Though the dad will not "appear" to be the most ethical person based upon his behavior, it is completely irrelevant in a court of law. He will be considered a legal parent the moment he signs an Affidavit of Parentage after the birth or through court proceedings.


If he requests custody rights (decision making) and visitation, he will get it. Not necessarily a lot of it (provided you're unwilling to allow a generous visitation schedule).


If you're interested in making a case for abandonment there is such a thing called constructive abandonment. If a man knows himself to have a child on the way, has not registered himself as a potential father in the registry, and has failed to establish a relationship or financial support for the child within 6 months - that can be considered as "abandonment" of the child by a court of law. However keep in mind, unless the other parent is willing to waive his parental rights (which I do not suggest as a resolution over the long haul) then he can then begin to exercise his rights. If you are married, your husband is automatically considered the father whether he actually is or not. If you are unmarried, you have sole legal custody of the child until some form of litigation occurs and another custody arrangement is ordered.


When/if you pursue him for child support, I would recommend filing for custody first (before he has an opportunity to do so) and requesting child support, medical expenses, attorney fees and any other expense as necessary to pursue the case. Then I would had the enforcement over to the local child support enforcement agency so that they can discover his income (without his assistance) and get an order for child support in place with a wage assignment (money comes directly out of his paycheck and chance of getting into arrears is not as likely).


If child support is not established quickly, you can always turn it over to your attorney to expedite. However using the CSE Agency is less expensive. You can always go back to court for any back child support owed from the date of filing (even retroactive child support is possible). Even if the retroactive or arrears is not instantly payable to you, an arrangement can be made with the NCP to pay an additional amount on top of the regular child support obligation. Property liens, credit reporting or past due support and tax interceptions are all options for collecting past due child support that will have likely accrued while establishing support.


I am stressing child support, but not because it is the most important issue. In my opinion, custody is the most important issue. However, you will likely be required to go to mediation before the case goes to court. In mediation, you do not have to speak with him until after paternity is established. The mediator will determine if your case should go to court (in the event you and the other parent cannot agree on the arrangements). Here's where child support helps, a NCP that is currently paying child support and already has arrears against them is more likely to be flexible in mediation because they don't want to pay for any more court costs at that point - if possible.


Finally, in mediation it is important to ask for what you want specifically. Anything that is important to you in the rearing of your child - ask for it. It is better to ask for it and allow the other parent to decline than to have to live with an impractical arrangement. Also keep in mind the number of overnights in your state that will modify the support amount. Only allow generous visitation with your child to the NCP if they want the time with the child for the right reasons. Many fathers (particularly those that don't stick around through the pregnancy) want more custodial time so that it is a reduction in child support. Be aware of this. Additionally, make the visitation arrangements as specific as possible. For example, if the NCP is more than 15 minutes late for the visitation exchange the visit will be cancelled. Otherwise, you could be held responsible for not waiting endlessly for a late/nonzhyphenzarriving NCP to arrive. Additionally, it is acceptable to ask (particularly for a young child) that since the father wants rights that he be the primary caregiver and be physically present during his custodial time. Why? You don't want your child to visit unless he is present because it is uncertain who will be caring for your child and the quality of care. If the NCP is held accountable during his visitation time then should any problems arise then you have a clear line of accountability to the other parent.


I could continue, however, I will say that everyone's situation is different. Having said that I do genuinely hope that your relationship with the other parent can improve and not be adversarial. However, in the event that is not possible, put yourself in the best position to protect yourself and your child legally.


If you opt to not pursue the NCP and retain sole custody be advised that he can take court action against you at any time. Custody is not permanent, it is ever changing. Please consider the story that will be told to your adult child and not your infant. Take whatever actions you need in order to be able to say that you did everything in your power to be a good parent and leave the other parent in a position where they must answer for themselves. If you allow the parent to waive their rights, the story could be that you were so angry at the NCP that you wanted him out of your lives - of course the NCP will advise the child he always wanted to be a part of their life but you were the problem. Just one of many examples.


I apologize for such a lengthy response however I can tell by the question you're asking that you need a lot more information on this subject matter. However, time is on your side. For now the most important thing you can do is have a healthy pregnancy.


In the event the poster of this question is "the dad that left", there is only one additional token of advise I can offer to you - remedy the way you've gone about this pregnancy as soon as possible. Attempt to establish a supportive, positive relationship with the mother of your child before the child is born. It will save you so much more if you behave like a responsible man on the front end, and it will cost you far less on the backend. A child never goes away, and generally neither does the other parent. Consider it a commitment already made even if it is not one that you would have hoped for. Best wishes!

Can ex wife take child out of town without fathers consent?

Generally, yes, unless there is a court order that bars her from leaving the limits of the town with the child. That would only be the case if there was a history to cause the court to issue such a drastic order limiting her freedom of movement. In the normal scheme of modern life, the ex-husband does not have that degree of control over the movements of another citizen. People cross the town lines regularly in every day life, shopping, visiting friends and family, going to parks and recreation spots, athletic activities, doctor visits, etc.

Can your dad keep you with him if your mom has legal custody?

He can still have visitation rights but he has to go to court to get it. The judge will look at what is best for the child, you, and keeping you away from one of your parents is usually not something the judge agrees with unless your dad is found unfit (if he is abusive for instance).

Can you be a legal guardian to someone without adopting them?

No. The court has placed the child into the guardian's care. The guardian cannot send the child to live elsewhere especially to live with the parents who lost custody.

No. The court has placed the child into the guardian's care. The guardian cannot send the child to live elsewhere especially to live with the parents who lost custody.

No. The court has placed the child into the guardian's care. The guardian cannot send the child to live elsewhere especially to live with the parents who lost custody.

No. The court has placed the child into the guardian's care. The guardian cannot send the child to live elsewhere especially to live with the parents who lost custody.

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