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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 your ex claim the children and not have custody?

Generally, no. That is very unlikely except in extraordinary circumstances. The court would need to find that you are unfit, the biological father is not available and the children would be better off with the step father. Biological parents are automatically favored for custody except in special circumstances. If there are half siblings that factor might also sway the court. He would be considered if he had legally adopted the children.

What age can a child refuse visitation in Iowa?

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.

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?

see links

How do you obtain guardianship over a loved one?

By and large, forms like a formal request for a guardianship can be obtained fairly easily. These can be printed off the web at many different sites by simply seeking them out. It is important to make sure the document is notarized by a notary public.

How old does a child have to be to choose who he wants to live with?

It depends on where the child legally resides. In the United States, that would be the "age of majority", at least 18 in all 50 states.

Minors are not allowed to choose with whom they wish to reside. In some instances the judge will speak with a minor child about certain issues and may or may not take the minor's opinions into consideration when making custodial decisions.

The issue of where the minor child/children live will be made on what is in his or her best interest and not on the preference of the parties involved including parents or the child/children.

How should a US citizen father prepare for a child custody case against the illegal immigrant mother?

File for custodial rights in the appropriate state court in the city or county of residence. Be advised that the mother's illegal status is irrelevant in custodial proceedings as US law presumes both biological parents have equal rights to a child until a court rules otherwise. Furthermore, if the couple were not married the law presumes the mother (illegal or not) retains full custodial rights to the child until the father establishes paternity, files suit for parental rights and a ruling is made by the court.

What if you sign a birth certificate and the child is not yours?

Dependent on any state or country's law's modifications or provisions regarding the same, signing a birth certificate is admission of paternity and confers all rights, responsibilities and obligations of the same.

If illegal immigrant mother leaves country and father gives up all rights does he still have to pay child support?

Every state has different laws about this type of situation. In most states if the father does not pay any child support at all and has had no communication with the child for over 6 months, it is considered child abandonment and their rights can be taken away from them.

What is the age a child decides where he or she wants to live?

depends on how the child copes in life, is he/she could be any age and want to die, it could be family or relationship problems or bullying thts gone past its level of being stopped, just try and comfort the child much as possible, because im a child age 13 and i wanted to die a few monthes ago dew to bullying, because the people who bullied me were badley racist, im irish you see, and they were calling me really bad names, i wanted to die at 12 because i knew id get bullied the rest of my life untill my mum told me every night im beautiful ignor them stupid people. just never let the twinkle in your eye go out and you'll be fine.

Can a 16-year-old be forced to live with his father without the child s consent?

Yes, her parents could ask authorities to intervene on their behalf. She might be returned to her parent's custody or held in a juvenile facility pending a court hearing. If a hearing was warranted, the judge could rule that the parents were unable to control the minor and deem her as a dependent of the court. She would then be placed in a group or foster home until she became the age of majority which is determined by state law. In some cases the 16-year-old might be given the opportunity to petition for early emancipation. Not all states allow such action, and it is usually only granted pursuant to special circumstances.

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

12 years old

ANSWER

While a judge MAY decide to allow the child to voice their desire, in the end it is the judge who will make the final decision based on what they believe are the long-term best interests of the child.

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Only Texas has a law with specific age provisions, but it is still laden with an abundance of limitations.

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How do you apply for custody order?

You can get forms in person from your local court clerk's office, but you may also be able to get them online. Most state and local court systems have at least some forms available online.

I don't know where you live, so I'll just use Alaska as an example. The first related link below is a Forms page on the Alaska court system's website. This page allows you to look for forms by subject. Click on "Child Custody and Child Support" to see the available custody forms.

The second related link below allows you to look for forms by case type and form number. Click on "Domestic Relations" at the top of the page and you'll see all the domestic relations forms; from there, click on "Custody" and you'll see the same group of forms.

I found these links at the third related link below. CourtReference has a page like this for every state; just select your state in the "Choose a State" box, then go to the "Choose a Court Resource Category" box and select "Court Forms and Other Info".

If you live Arkansas can you and your child move in with your boyfriend after your divorce?

Of course, that is legal in all states. This is how new families are created after a divorce. You are a single woman and can live with whoever you want as long as that person is not harmful for the child. It's not unusual that the ex becomes jealous but that is usually until he also meet someone new.

Can you move your child out of state without consent from the father if you are not married?

If the parents are no longer living together, the child normally lives with the mother, and there is no custody order in place preventing her from moving, then yes, she can. You would need to get a custody order in place making clear guidelines in regards to how far either parent can move with the child to ensure that both parents have access to their children

When the mom is minor have legal custody for newborn baby?

Yes. The child is your baby. As long as your a fit mother the child cannot be taken away from you.

If you are a minor, your parents still have custody of you, but you have custody of your child.

Could a father get custody of his son?

In cases where the biological parents are not married the law presumes that the mother has sole custody rights. The father would have to establish paternity to the satisfaction of the court before custody, visitation or child support issues could be addressed. In cases that pertain to a child born in a marriage both parents are assumed to have equal rights until the court rules otherwise. If one parent filed for sole custody the other would be notified and would have the legal right to contest the action.

Can a 15 year old decide to keep a baby?

Yes there are 15 year old that have babies but it's not always legal to have sex at 15. It depends on where you live. Pregnancy does also not emancipate you and if you can not provide for the child or take care of him/her, the CPS can step in and take the baby. So basically, without parents help you will not have much of a chance.

Can a father get full custody for his son if sister of mother has temporary custody?

Asbsolutely ! It depends on the circumstances of the parents. The court will decide which parent is in the best position to provide on-going care for a child. They will, however, usually order 'visitation rights' to the parent not granted custody. The custodial parent has no right to defy the court order without authority from the judge. So, for example, say the father was awarded custody, and the court ordered that the child is stay with the mother every second weekend... The father couldn't refuse the child staying wiht the mother for the time granted without going back to court.

How dangerous is a narcissistic parent with joint custody?

If he is a true narcissist he hates children. The risk of abuse - physical, psychological, and even sexual - is considerable. My book: "Malignant Self Love - Narcissism Revisited" (c) 2003 Lidija Rangelovska Narcissus Publications

I think if the narcissist is the kind who receives narcissistic supply by basking in the glow of others, for instance his children, he can be okay as a parent provided the children are beautiful, high-achieving or posses attributes that the narcissist perceives as a positive reflection on him. A potential problem arises in adolescence, however, when children seek to differentiate themselves from their parents and are rejecting of their parents. At this point, I think the narcissist is likely to de-throne i.e. stop idealizing the child, and start devaluing the child. Best not to have children with them.

I have 5 children, 3 of whom are my dh's. I had to send my oldest to live with his father when he hit adolesence for his own protection. He comes to live with me on holidays and weekends. The only way to keep my dh from harming him, physically, psychologically, etc, is to threaten him. I have told him that if he ever touches him, I will call the police and have him thrown in jail in a heartbeat. He is scared to be exposed and for all to know that he is less than perfect, so this works. I also threatened this after he hit me once 4 yr ago when I was pregnant with baby #4. He has not hit me since, although he threatens to and tells me I should be hit to teach me to control myself. He thinks that spanking is the only form of discipline. One of the reasons why I don't leave him is because if he is alone with them, joint custody, I cannot protect them. With us living together, I can counter the harm he causes. A part of me hopes that he will do something that will cause me to be able to get full custody of the kids when I leave so that I don't have to leave them alone with him.

In short, a narcissist having custody of a child for half the time would be a bad idea. Keep a log and record conversations so that you have evidence when the time comes.

Whoever you are - please do not stay in the marriage thinking that you are protecting or diluting the harm done by dh. I am separated from my husband (NPD) in April shortly after finding him in bed with another woman (who had had an abortion just 7 days earlier - someone else's). Your children will be better off without that influence...you are only one person and unfortunantely your children learn more by example and what you are teaching them is that it is okay to put up with it. Not to mention the example you are showing of unnecessary self sacrifice and lack of self respect by tolerating that sort of environment. Believe me, God will protect you and provide for you. My mother made the same mistake and thought she was protecting us from my abusive NPD father's tactics...but I wound up marrying one...though not physically abusive. The damage is psychological and will affect there core self-esteem and abilities to make sound decisions and choices when it comes to people.

They will expose all the nasty bits about the spouse to the kids. That spouse in return is doing the same thing because he/she has just left the nastiest person they have ever known and can't help but expose them. My narcissist's spouse can be quite 'off' with the kids because they defend their dad to the hilt. This is because he has worked on them in his narcissist way.

If you give in to the N they will take an arm and a leg too, with as much concern as you have about rendering a turkey carcass into soup. I left my N 12 years ago, had no problem getting sole custody after his behaviour. I have tried to be a good person throughout, lots of access and involvement, not harping on about the unpaid child support. Not knowing that I was dealing with a mentally unhealthy person, I thought, well at least he's not alcoholic. And when you think everything is peachy-keen and everyone's moved on, you discover that this person has been a busy busy bee, working away behind your back... It has taken me a year of fighting to get any say in my son's life again. His dad made a complaint that we were physically abusing my son and transferred him to another school and then they told me it was my son's decision and I should go along with it. Then things began to descend into madness. Calls from social services, calls from the RCMP, death threats from my son; my 12 year-old offering to sue me for his Gamecube and then I find out that this man pulled his kid out of school and then lied - to his own kid, telling him he had been kicked out!....separated my 12 year old boy from friends, family and peers, away from all sports or social activity, rotting in a one bedroom apartment... and then I went through a lunatic merry-go-round trying to involve the school, social services, the police, anyone to look at the situation. This with full custody, SOLE guardianship, 2 police enforcement orders and a deadbeat dad with no formal education. I have had to explain countless times that I can't go to court for visitation rights! I have custody! Finally, now that my kid is in psychiatric care and the hospital brought in a team of lawyers, now that I have taken this the whole way to our MLA (member of legislature) and put social services on the line for their past mistakes, now I am finally getting some recognition as the parent willing and able to act in my son's best interests. It has been a long road. Never leave yourself open with narcissists; they are deviant way beyond anything a normal thought process can anticipate and they will NOT change unless maybe with years of therapy. Your child doesn't have years.

The narcissistic parent (NP) will generally badmouth the other parent, and will try to turn the children against them. My father almost succeeded with my younger brother, but fortunately, my mother, siblings, and I were able to help him. The NP will also badmouth the siblings who don't buy into his false presentation. Common phrases used are "don't tell your mother, but..." or "don't tell your sister/brother, but..." or "don't tell ______that I said this, but he/she is ______."

The best course of action (speaking from experience) is to minimize contact and explain to your children what narcissism is.

What is the parent of grub?

What is the parent of a grub called

How can you get primary custody of your son?

A Motion for Custody has to be filed whether it be Joint Legal, Joint Physical, or Bird Nest Custody. In all, the father has to be prepared to deal with the same challenges as he would attempting a Full Custody of his child(ren). Joint Legal Custody is pretty much the standard in most every American State, but Joint Physical is more difficult. Bird Nest Custody requires almost unprecedented cooperation and commitment to the children.

Please note in this regard, James Cook, the founder of the Joint Custody Association, and original Joint Custody Legislation author, passed away in Los Angeles, CA on March 28, 2009. His material can be found in a freeFathers Rights Educational Manual at Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading the 200 page manual, in pdf format, that can teach you what you need to know. Take the time to learn what you can and should do. See link

To prepare for any type of custody challenge, see Related Question

How do you prove custodial parent is abusive to kids?

  • If in the United States you can call Child Aid and your name will be kept confidential. They will then check out the custodial parent and decide if the children are being abused or not. If in Canada it would be Child Welfare. Even if you have a hint that a child or children are being abused mentally or physically you have a duty to report it or you are enabling the parents behavior. You also must remember that in some States the spanking law is still in and be aware of what physical abuse is: slapping a child in face; twist their arms; punching; kicking; striking a child with a belt or other object; not making sure they are fed properly; not getting proper medical attention; not going to school if of school age.

Do you need the father's permission to take child out of state?

Yes. Physical custody does not constitute sole legal custody, in which one parent has been given the legal authority to make all decisions concerning a minor child, including change of residency. In some states even a parent who has sole legal custody must inform the court and the noncustodial parent before making the move.

What are requirements for father to have have full custody of daughter can you live in a one bedroom apartment?

Most courts don't care how many bedrooms in a residence, only that you provide your child with adequate food, shelter, clothing and meet their financial and emotional needs in a safe, non-abusive environment. When determining custody, the judge will rule with what he or she feels is in the best interests of the child based on those things, not whether one parent lives in a trailer and the other one lives in a mansion.

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