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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
How old do you have to be to choose which divorced parent you want to live with in Kansas?
They need to be at least 12 years of age to live with whatever parent they want.
Can the courts use your new spouse's income to determine how much child support you pay in new york?
No, a spouses income is never taken into consideration when child support is being figured. Only the income of the 2 biological parents will be used.
Are there Forms to terminate parental rights with still paying child support?
I suggest you consult with the other parent and an attorney on this. However, keep in mind that terminating parental rights does not terminate one's support obligation.
Can state take student loan to pay back child support?
Yes and no. All moneys sent to your college will be used by the college first. If the college issues you back a refund check, then that's considered income if you deposit it into a garnished bank account. There is an easy remedy to all of this: Set-up a payement plan with the state to satisfy your child support.
Matt Houston, Texas Lawyer.
Can you give up your rights to parenting?
Yes, you can relinquish your parental rights, however, if you are doing so to avoid payment of child support, most courts will not approve the relinquishment. Ultimately, the court will still have to say that it is in the best interest of the child. That normally will not be done unless there is someone willing and able to adopt in your place.
Does signing over parental rights affect child support in Georgia?
Assuming the court accepts the petition, the judge may or may not relieve the requesting parent of financial obligations. The court will not look favorably upon a parent who makes such a request if the purpose is to avoid supporting the minor child/children.
Generally the relinquishment of parental rights is only granted when the child is to be legally adopted by a new spouse.
When children are born does both parents receive joint custody automatically in Virginia?
If the couple is married they both have equal parental rights.
In Virginia, an unmarried mother is presumed to have custody. Once the paternity of the father has been established legally through the court he can request custody. The court will make a determination of physical custody based solely on the best interest of the child.
See related link for more information.
A parent's right to discipline their child?
This issue of how parent discipline a child can not be over emphasized, but a child can't do well in life without the support of the parent.
Firstly, who can we call parent?
1) A parent is a person or people who gave birth to a child biologically.
2) A parent can also be referred to as takes care of a person below the age of
eighteen.
3) A arent can be a person or people who leads one in the right and positive
way of life.
Discipline is a thing of the hearth and can only gain full effect if properly the principle are well explained to the child. The act of discipline could actually be effective if love comes first...
TRAIN UP A CHILD IN THE WAY HE/SHE SHOULD GO SO THAT THEY WILL NOT DEPART FROM IT... WHEN NEED ARISE!!!
Do you pay child support for stepchildren?
That depends on related factors in consideration by the court. Does the mother receive child support already? How much financial support and for how long has the stepparent been providing? Is there a parent/child relationship? see link below
How is full custody determined?
The Dept. of Child and Family Services (or whatever your state agency is called that handles custody matters) OR if a full competency hearing needs to be held, the court, will rule on this question.
Legitimation is a legal action which is the only way, other than by marrying the mother of a child, that the biological father of a child born in the State of Georgia may establish legal rights to his child.
WHO MAY FILE FOR LEGITIMATION?
Only the biological father of a child may file a petition seeking to legitimate his child.
WHAT IS THE LEGAL EFFECT OF A LEGITIMATION?
An order of legitimation creates a father and child relationship legally between the petitioner and his child. An order of legitimation establishes that the child may inherit from his legal father and vice versa. An order of legitimation allows the legal father to be listed on the child's birth certificate as such. An order of legitimation is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child.
If you are already listed on the child's birth certificate as the father, but you and the child's mother were not married to each other, you must still file a petition with the court to legitimate your child.
Effective July 1, 2005, requests for custody and/or visitation may be included in your petition for legitimation.
WHERE SHOULD THE PETITION BE FILED?
The Petition for Legitimation must be filed in the mother's county of residence, the child's county of residence, in the county where any other person who has legal custody, guardianship, or if there is an adoption pending, in the county where the adoption was filed.
An exception to where the action must be filed occurs if the mother of the child is deceased and there is no other legal custodian or guardian of the child. Another exception occurs when the mother has disappeared and must be served by publication but the minor child is living with you. In each of those cases, the action may be filed in the county where you live. As always, you may wish to consult an attorney.
HOW MUCH DOES IT COST TO FILE FOR LEGITIMATION?
The basic filing fee is $80.00 but you should confirm the filing fee with the Clerk of Superior Court. If the mother has not signed a consent and/or waiver of jurisdiction form, she will need to be served with the petition by the sheriff-this costs $25.00 for Fulton County; however, the Sheriff's office in which the petition is to be served will need to be contacted to determine the fee for that particular county. ["Service" is an official way to give notice to the mother, and other people involved with your case, that you have filed your case and that they have the opportunity to then file a response with the court.]
If the mother has left the child with you and you do not know her address and you have tried but cannot find her, then you will have to serve her with the Petition by Publication. This means that the petition is written up and then published in the official county newspaper for the county in which you knew she last lived. This costs at least $80.00.
If the mother was married to someone else when your child was born, or she has listed someone else on your child's birth certificate as the Father of the child you will also have to pay $25.00 to have the Sheriff serve that person with a copy of the Petition. If you don't know where that person lives, he will also have to be served by Publication.
WHAT CAN I DO IF DON'T HAVE THE MONEY TO PAY THESE FEES?
If you do not have the money to pay your filing fees and sheriff's fees, then you may ask the Court to allow you to file free of charge. This is called a Poverty Affidavit.
You must make a written statement to the court about your monthly income and monthly expenses, and why it would be a hardship for you to have to pay the filing fees. The court will then let you know by a written order that you may file your case without having to pay.
The county newspapers will not usually waive their fees so you will still have to pay for publication if it is necessary.
HOW LONG WILL ALL OF THIS TAKE?
The length of time depends on the facts of your case. There are several options for what can happen with your case:
If custody is not an issue, and there is no other father listed on the birth certificate, and the mother has acknowledged service, then an Order for Legitimation can be heard by a Judge on the same day that you file it, and you may get your Order forLegitimation signed on the same day.
If the mother or another father listed on the birth certificate must be served by publication, then the hearing cannot take place until after the publication is finished (at least 60 days).
If the mother or another father must be served by the sheriff with the Petition to Legitimate, then the case will be placed on a Judge's calendar by his/her calendar clerk.
If custody or visitation is to be an issue, then your case may be contested and may require more than one hearing. THE EXCEPTIONS TO THIS RULE ARE IF THE MOTHER IS DECEASED AND THERE IS NO OTHER LEGAL PARENT OR GUARDIAN, OR IF THE MOTHER CONSENTS TO CUSTODY.
nuclear family
How long can one parent keep a child away from another parent when still married?
1. person who has custody is responsible for the child's well being in every sense mentally, emotionally, physically, needs, wants and etc!
Whether your the bio-parent or not!
If these parents are a bad influence or dangerous then I would say YES! Keep them away!
But if these parents are good and only want to know the child I would have supervised visits only!
You as the primary caregiver (custody) must make the best decisions for your child in your care!
Does your child support decrease if the noncustodial parents income increases?
Generally not. Of course, there are multiple exceptions. If the noncustodial parent begins earning significantly more income, then child support usually will increase. Most states have a "plug-in" type formula which computes child support (and one of the prime factors includes the income of the noncustodial parent).
In some states the guidelines call for an increase since it gets more expensive to raise a child as they get older. Massachusetts is one such state.
You should visit your local family court and ask for a copy of the child support guidelines in your state of perform an online search for a downloadable copy.
Why did Siddhartha's father keep him from learning about suffering?
Siddhartha's father, King Shuddodana only wanted the best for his son. He had bought 3 palaces for him, one for the winter, rainy season, and summer. Shuddodana gave him everything he could ever have wanted, only so that Siddhartha would never have to go through suffering himself, or see anyone else in that state.
Can a mother take a child across state lines without fathers permission in the state of Texas?
I don't believe the mother can do that in any state. There is an order of how things are supposed to go. The mother must ask the courts permission to go and it must be granted. Fathers do have rights.
Can a court force you to let your child see their father?
No. There is no law that says a parent must have contact with children. And that is justly so. It would seem a parent who was forced to have visitation would not be able to meet the emotional needs of the children.
Can a mother take her children and move away from her husband in Arizona?
If both parents have full custody of the child(ren) and there is not a court order preventing the parent from removing the child(ren) from the home or state then the parent may legally take such an action. The parent cannot however, take the child(ren) out of the country w/o written, notarized permission from the absentee parent or an order from the court. If the parent who removes the child(ren) from the parental home has "just cause" the act cannot be one of consideration included in a custodial hearing.
Can a mother give grandmother temporary custody of children?
In general, parents have total legal custody of children unless otherwise decreed by the court. A grandmother can only take custody of a minor child if so ordered by the court.
Here's a start CA Family Law Code
3040. (a) Custody should be granted in the following order of preference according to the best interest of the child (1) To both parents jointly the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, (2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment. (3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child. (b) choose a parenting plan that is in the best interest of the child.
For more info http://www.steveshorr.com/MATTERS_CONSIDERED_IN_GRANTING_CUSTODY.htm
Can you get a court attorney for child custody?
Typically, you cannot get a court appointed attorney in a civil case. There are a small number of instances, however, in which a court will appoint an attorney in a civil case (for example, to represent a child in a neglect or abuse case or, in some states, to represent a parent in a suit initiated by the state for the termination of parental rights).
If your child turns 18 on the 4 of a month do you still get child support for that month?
Look at your child support agreement. Or contact DHR to regain a copy.
How can you sign over rights as a parent and not pay child support?
Basically, you can't do this. You cannot unilaterally relinquish your obligation to provide support for your child.
How much money can a child give a parent without tax consequences?
What is considered a gift? Any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money's worth) is not received in return.
What can be excluded from gifts?
The general rule is that any gift is a taxable gift. However, there are many exceptions to this rule. Generally, the following gifts are not taxable gifts.
1. Gifts that are not more than the annual exclusion for the calendar year.
For tax year 2009 or 2010 one family member can gift to any other number of family members up to $13,000 each without any reporting by either party each year.
The person who receives your gift does not have to report the gift to the IRS or pay gift or income tax on its value.
If you give any one person gifts in 2009 or 2010 that were valued at more than $13,000, you must report the total gifts to the Internal Revenue Service and may have to pay tax on the gifts each year.
For more information go to the IRS.gov website and use the search box for publication 950, Introduction to Estate and Gift Taxes, IRS Form 709 United States Gift Tax Return, and Instruction for Form 709.
What age does the child has to be to make her decision on which parent to chose in LA?
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 THE BIRDS TAKE TURNS BEING THERE.
Can a mother take a child out of the state of Minnesota with out the father knowing?
Yes, the father can. The child is as much as it is the fathers than it is the mothers. As long as both parent have legal guardianship, then he is entitled to take his or their child where ever he wants with out moms permission. However, receiving consultant from other spouse would be the right thing to do so there wouldn't be any conflict.
