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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 a divorced father get custody of his kids if the custodial parent dies even if she appointed a guardian for them?

The law differs in different countries.

United States

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit parent.

If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care of the children. The grandparents have a better chance of success if they can prove the surviving parent was not involved in the child's life and that they had a parent-child relationship with the child, took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods.

That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US

See related question below.

Does a parent still receive child support if the child signs up for the military?

Generally child support terminates when the child attains the age of majority. Emancipation is a process by which a minor can become an adult. Joining the military is one way of getting emancipated. Once a child is emancipated, the parents are not required to support them. The paying parent can apply in court to terminate the child support.

Legal Disclaimer:

The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.

How do you sign over your parental rights in Alabama?

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.

Can US citizen father Mexican mother son born in Mexico return with father to us with mothers permission?

No, you can't "amigo mio". You would have to return to the US alone, and fill out the 130 Immigration form. You do not have to spend a penny with any money-hungry immigration attorneys, because you will find that all you need is in the Government Website, that is www.uscis.gov . If you do not trust your own judgment and want to pay your attorney instead, fine! Just know that they will be charging you for something you can do yourself. Good luck with you son.

If you meet qualifications to pass on citizineship, then go to your local embassy and file a live birth report. The child will be a citizen and therefore be allowed in the united states. Im pretty sure your not allowed to travel without both parents permission unless one parent is dead. If I were you, Id seek legal consultation.

What is considered to be support for child support?

In Florida, what is taken into consideration is the custodial AND non-custodial parents income. An affidavit is filed in court (for the hearing), to accurately provide the financial information on both parents. Those numbers need to be verified and are used to determine the custodial parents' financial obligation for all expenses regarding the childrens' needs AND the non-custodial parents' obligation for the same. Usually 49% and 51% respectively. For example: Custodial parents' income is higher than non-custodial. 4 teenagers in High School (no daycare) with higher than normal expenses for food, clothing etc. No medical issues require a total of $1200/month to raise. Custodial parent- 49%= $588 (doesnt have to be paid because you have kids) Non-custodial parent-51%= $612 (you are "awarded" this amount) IF SHE EVEN PAYS

How much child support does a parent pay in Ontario Canada?

There is no average or set amount. Child support is a complicated calculation based on many factors including the income sources of both parents, parenting time as outlined by the custody order, and any special provisions including hardship. If you look on Google, you can probably find a calculator that would give you a ball park figure but it would be in no way binding.

Can my ex-husband take me to court if our child does not have his last name?

He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.

He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.

He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.

He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.

How can a father be granted joint physical custody in the California court system?

It's easier with the mother's cooperation of course, but the father is free to file a motion for such in the court with jurisdiction over the case. His request will be taken under advisement, but ultimately, the judge will rule in favor of what he or she feels would be in the best interests of the child.

Does having primary residence with joint custody automatically mean the parent with primary residence has the final say?

Joint Legal: Both parents are suppose to have equal decision making rights, but child resides primarily with one parent while the other pays full child support.

Joint Physical Custody: Parents have equal decision making rights and the child resides with each parent an equal amount of time.

What is the usury law?

Christopher Peterson, a native Utahn who is a University of Florida law professor and an expert on the high-credit industry, says states always imposed usury caps until recent decades - and Utah abolished its usury cap only in the early 1980s.

How can i get my back pay child support reduced because i was in prison for three years?

In most states, child support arrears can only be reduced by court order dating back to the date the petition was made. Your best bet is to hire an attorney to file the proper paperwork whiile you are in prison.

What are the benefits of having a custodial account?

There are several benefits of having a custodial account. One advantage is having a fund set up for your children. Also, custodial accounts are tax free as long as they are under 12,000 dollars.

How old does a child have to be in Canada before they can make the decision to not have visitation with a parent?

A child has to follow a visitation schedule until they are 18. They may stop visiting if the courts orders it.

How do you deal with a parent who makes excuses for their child's behavior?

It's a case of "My Child and other people's brats". The instinct to protect your young sometimes go into overdrive and people don't see clearly. They know their child is on the wrong and can yell at them at home but prefer others believe they are perfect little angles. They feel the child misbehaving that falls back on them as parents and sometimes it does since we are the ones raising them. Sometimes the excuses are valid since no one knows the child like the parent.

Can the father of a child sign over all rights to a grandparent?

This should be done in a court of law ... for everybodies protection. This prevents someone from later "claiming" that they had exclusive custodial rights at a certain age down the road in time. Do this legally and properly - you won't regret it and will have peace of mind that nobody can change it without your consent.

Another perspective

The grandparents need to petition the probate court to be appointed permanent guardians. A court order is necessary in order for them to have the legal right to make decisions for the child, enroll her in school, consent to medical treatment, etc. Schools and doctor's offices will ask for proof the grandparents have legal custody.

It will be easier with the father's consent. Otherwise the father will have the opportunity to object at the hearing and ask for custody himself. The court will appoint professionals to evaluate the situation and report their findings and recommendations back to the judge. The judge will render a decision.

Does a father have a right in not letting his child leave the country?

if you are over 18 then no, but under 18 then yes, both of your parents have the right.

Is it illegal for a parent to leave the state with their own child without the out the other parents consent?

If the other parent have visitation rights, pay child support etc you will need his and the courts consent since the court orders must still be functioning and of the child is not there when it's time for visitation he can call the police for kidnapping. It also works the other way around, for you I mean. You say your own child

but you do share the child with him and he has the same rights as you.

Do grandparents have rights in Michigan?

As of 2004, grandparents in Michigan may petition the court to exercise their rights as outlined under the law if they are not automatically granted by the custodial party. Theses statutes were challenged in 2007 and heard before the Michigan Supreme Court where they were upheld. Those rights are as follows:

You have the right to maintain contact with the grandchild or grandchildren if that relationship has been denied following death, divorce, children born outside of marriage or certain other circumstances. However there are narrow circumstances and specifics may be modified depending on conditions. For an accurate answer, you should consult an attorney.

Grandparent Rights to Visitation: Visitation can only be granted when the parents' marriage is declared invalid or dissolved or the court enters a decree of legal separation or legal custody of the child is given to a party other than the child's parent. Michigan Statutes Annotated, Section 25.312(7b) [M.S.A. §25.312(7b)]. This is same as Michigan Compiled Laws Annotated, §722.27b. Additional affidavit required.

When Adoption Occurs: Visitation rights terminate upon adoption unless the adoption is by a stepparent.

Child Custody Statutes: Best interest of child considering: (1) love, affection and other emotional ties existing between the parties and the child; (2) the capacity and disposition of each to give love, affection, guidance and continuation of education and raising the child in its religion; (3) the capacity and disposition of each to provide food, clothing and medical care; (4) length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity; (5) permanence as a family unit of the existing or proposed custodial home; (6) moral fitness of the parties; (7) mental and physical health of the parties and child; (8) home, school and community record of the child; (9) preference of the child, if of suitable age; (10) willingness and ability of the parties to facilitate and encourage a relationship between the child and the other parent; and (11) any other relevant factor. M.S.A. §25.312(3); M.C.L.A. §722.23. Grandparent or other third party may only get custody if: (1) child's biological parents were never married, and (2) the parent with custody dies or is missing and the other parent has not been granted custody, and (3) the person seeking custody is related within the 5th degree by marriage, blood, or adoption (grandparent or great-grandparent qualifies). M.S.A. §25.312(6c)-(6e); M.C.L.A. §§722.26c-722.26e.

Can a child be forced to visit dad?

It depends on where you are and who the judge is. In some states they will listen to the children and take that into consideration if the judge feels the child is old enough to decide. In Some states it does not matter some judges will try to push for the relationship anyway.

Can you move out of state if theres visitation in order for the father?

You do not have the legal authority to make that decision on your own. You may find yourself in legal trouble if the other parent takes the matter to court. If the child's father has court ordered supervised visitation that means your child is under the jurisdiction of a state family court. You should seek legal advice before you pick up and move the child out of state. All states have reciprocal agreements to honor orders rendered by other state courts when they affect children. In the normal course of one parent wanting to move the child out of state that parent would need court approval and consent by the other parent.

You do not have the legal authority to make that decision on your own. You may find yourself in legal trouble if the other parent takes the matter to court. If the child's father has court ordered supervised visitation that means your child is under the jurisdiction of a state family court. You should seek legal advice before you pick up and move the child out of state. All states have reciprocal agreements to honor orders rendered by other state courts when they affect children. In the normal course of one parent wanting to move the child out of state that parent would need court approval and consent by the other parent.

You do not have the legal authority to make that decision on your own. You may find yourself in legal trouble if the other parent takes the matter to court. If the child's father has court ordered supervised visitation that means your child is under the jurisdiction of a state family court. You should seek legal advice before you pick up and move the child out of state. All states have reciprocal agreements to honor orders rendered by other state courts when they affect children. In the normal course of one parent wanting to move the child out of state that parent would need court approval and consent by the other parent.

You do not have the legal authority to make that decision on your own. You may find yourself in legal trouble if the other parent takes the matter to court. If the child's father has court ordered supervised visitation that means your child is under the jurisdiction of a state family court. You should seek legal advice before you pick up and move the child out of state. All states have reciprocal agreements to honor orders rendered by other state courts when they affect children. In the normal course of one parent wanting to move the child out of state that parent would need court approval and consent by the other parent.

Could you take a child out of the state if you have joint custody?

It is not possible to answer this question without knowing what state you are talking about. In-depth legal questions like this are usually best answered by consulting with a qualified lawyer.

What does Writ of Bodily Attachment child support mean?

A writ of body attachment is like a warrant, where it allows the sheriff to arrest you and bring you before the court to explain why you have not showed up to a prior hearing or proceeding. Often, there is a bond requirement that must be paid before being released if you are arrested on a writ of body attachment. These usually occur after failure to pay child support or failure to attend a motion to show cause. See this Illinois rule for an example: http://www.19thcircuitcourt.state.il.us/rules/rules15.htm#1505

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