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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 is the definition of a status hearing in a child custody case?

Individual judges use the "status hearing" or "status conference" in different ways, but generally it is for the lawyers to inform the judge as to what motions remain pending, whether settlement is likely, and whether a trial should be scheduled.

Can you go get your child if the custodial parent is in jail for criminal drug charges?

Only if the sentence is for a long,long time,if he can not be rehabilitated or refuses treatment.Just because he is incarcerated he still has parental rights and Due Process Law protects his right to parent.Now, if this charge was a AGGRAVATED SITUATION like situation, then go for relinquishment of his PR, You wont need sole custody, courts will automatically give the child to you, Word of advise keep your NOSE clean!

How likely is a father to get custody of the children?

Fathers should have equal rights with mothers to custody of the children.

Courts are continuing to make progress toward equality and away from the prejudice in favor of Mothers, however it is an uphill battle.

As a Father, it is essential that you know "How to Win." Fathers often approach a Custody Action with a straightforward attitude that as long as I am a great father, I should be entitled to custody.

Just being a great parent is not enough, particularly for fathers. Fathers have to know how to present themselves, What to Say, How to Act, and the Insider Strategies that create the success.

You can Search under "Fathers Winning Custody" or "Win Custody Now" and find lots of great information and ebooks to help you succeed in your quest for custody. Just be certain that the information provided is by an attorney/custody expert.

Apart from all the window dressing suggested above a father should be able to prove to the court that he provided most of the day to day care of the child. That means he was the one who bathed the child and got them ready for bed. He was always the one who took the child to the doctor and dentist visits, stayed home to care for the child when she was sick and attended school conferences and activities. He shopped for clothes, prepared school lunches and spent quality time with the child.

Can a mother that is unmarried take her child out of the state of Missouri?

Under those circumstances, the mother is the only established parent, and for anyone else to take the children out of state without permission is legally chargable as kidnapping.

Witholding the children from the mother without a court order, will not only land that person in jail, but the children will be traumatized by all the drama in that situation. And a court order requires paternity and/or custody to be established.

Most jurisdictions tend to side with the mother in most cases, so taking that action is not going to set well with any judge hearing the case, regardless of any mitigating circumstances.

If the mother is a threat to the safety and welfare of the children, there must be sufficient evidence to involve child welfare services (Dept of Children and Families) and a case worker assigned to investigate. It is a long and arduous process, but the welfare of the children must come first.

If there is no threat to the children, and an unwed father takes the children without permission, especially if there is no paternity or child support being paid, taking the children will probably be view as a crime and can be prosecuted as a very serious felony in any court of law.

Is it abandonment if a mother doesn't contact her daughter for over 9 months?

12 months with no contact whatsoever (including child support payments)

Do prisoners have the right to demand custodial parent to bring the children to visit?

No. An inmate has no right to demand anything. A foster parent does not need to interrupt his schedule to meet the demands of an inmate in prison. There might be a way that someone could pay for someone else to take the child to see the inmate in prison. That would be a different story. The inmate or his family would need to pay 100% of all costs. It would be expensive. The inmate can make no demands on a foster parent.

If your parents are divorced and you do not want to live with either one of them can you go live with a friend if their parents say it is OK?

Only if YOUR parents agree to it. I know that this is a really hard time (because I've been through it), and maybe you don't want to "choose sides" by choosing who to live with, but staying with one of your parents is probably the best scenario. If you really don't care which parent you want to live with, maybe you could tell your parents that you want them to decide - that way the weight of making the decision is off your shoulders. However, if you do care which parent you would prefer to live with, let them know. The other parent should not blame you because you're not the one choosing the divorce. Whatever you decide, good luck, and God Bless.

What happens when the inmate doesn't pay child support while incarcerated?

Child support obligations continue even if one is in jail, until/unless there's a court order to the contrary. The State can collect this debt in various ways, including garnishing tax refunds, lottery winnings and such, and placing liens on personal and real property.

Should Juveniles be Treated as Adults?

It depends on their age and offence. If a teenager commits murder - try as an adult. They are old enough to know what they are doing, and that it is wrong. Nothing 'magical' happens when they turn 18, they don't suddenly aquire a sence of right and wrong. (sorry, getting on my soap box...stepping off now) But on the other hand, if a kid makes a mistake, they should be given the opportunity to learn from it and move on with their life - unless there are circumstances that would dictate otherwise. -- Short answer? It depends.

Can a man sign over rights to get out of paying child support?

Signing rights away will not stop any child support from being taken from the father. If the child is the fathers then he is financially responsible for the child weather he has rights or not.

My wife moved my kid out of California without my permission. Can she do this?

No, that is just wrong *she can. it's not consider kidnapping. best bet, fight for custody. good luck.

Who gets to claim a minor child on their taxes if the mother has custody and no court order has been set for parenting time for the father?

Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

Generally the custodial parent has the right to claim the child. You need to check any documents in your case file, inquire about state laws that govern this issue, visit the court and ask to speak with an advocate if you cannot afford to consult with an attorney. Some states provide that the custodial parent has the right by law to claim the child even if the other parent is paying child support.

What child custody rights does a male illegal alien married to a female US citizen have if they divorce?

All biological parents have the right to petition for custody of their child or children, regardless of their resident status. However, depending upon the circumstances the judge is more likely to look favorably on the citizen parent, because the child or children are U.S. citizens and are protected by civil rights laws. The best option for the non-citizen parent is to obtain legal advice, if needed, the person may contact the legal aid society in the state in which they live for referral to an attorney who specializes in immigration problems, and charges fees scaled to the individual and/or accepts pro bono cases. Information for obtaining legal counsel can also be found at United States Citizenship and Immigration Services website, http://www.uscis.gov, and United States Department of Justice website, http://www.usdoj.gov Whether the male is a legit U.S. citizen or not, the child is more than likely to live with the mother, unless her living conditions are unstable or she is unemployed. The sole bread winner is usually a factor that is looked at also.In this case it seems as if the mother will probably get the child. But have a close watch on her for the next few years and try to get a grounded life, such as getting married and buying a house. The courts really look up to an already grounded family. You first must see if you can apply for residency and solve that problem! As far as the child goes, although your status as a current illegal alien might not help your case in court, the decision as to what parent will have custody is mainly based on who was the main care taker of the child. Since the mother usually is the one who is nurishing the child by helping him/her get dressed, feeding the child, etc. (when younger child or baby is involved), then she would custody and you would get visitation rights. If there is child abuse then the main care taker goes out the window if he/she is the abuser. The sole responsibility of the judge is to look out for the child's BEST INTEREST and which parent is mostly involved in that child's upbringing!

Is there a statute of limitations for paying back child support?

Most states have statutory provisions for determining how long a court order for child support will remain effective. In some states the statute of limitations is 10 years after the child turns 18. In others the period is only 5 years. Some states have no limitation. The parent who is in contempt of the order can be brought to court at any time during that period. You would need to do a search for your particular state.

If the mother and the person wanting to adopt that child are not married can she be adopted?

You need to check the laws in your particular jurisdiction. While this type of adoption is possible in some jurisdictions, a number of states still frown upon second-parent adoptions by unmarried couples. You need to consult with a local attorney who specializes in adoption. In Utah, for example, co-habitating couples who are not married are prohibited from legal adoption.

Can child protective services remove a child from the home of an alleged perpetrator?

Not unless this bad thing that one of the parents have done is recent and was indangering the child.

Can a father 18 years old take a mother 16 years old for custody of their child?

yes, but your going to be in for the ride of your life...you will have the burden of proof that the child would be better off with you ....you might want to get an atty...veryyyyyyy seldome will they take a child away from a mother unless unfit, but they might grant joint custody

In Ohio does a father have parental rights if he does not pay child support?

Yes, the right of a parent to be in his or her child's life has nothing to with whether or not he or she is paying child support. The court sees them as two entirely different issues.

What is a birth parent?

A birth father is a genetic father of a child, as opposed to an adoptive father or stepfather.

Can the parent without primary physical residency take the child out of state on vacation without the custodial parents permission?

This depends upon the law in your state. In my state it is allowed unless the divorce decree prohibits it (rare). Otherwise, a noncustodial parent would be stuck vacationing in the same state for many years. I would notify the other parent in writing as early as possible prior to the vacation, if possible, and keep a copy of the email or letter you send.

What rights does a father have if mother does not want the baby does he have the right to have the baby?

Until the baby is born he has no rights. His paternal rights starts after birth. If he then wants custody and you don't he has to go to court.

In the state of a Michigan can a mother take joint physical custody away from father?

If there's a court order, it'd need to be followed. Most court ordered custody will explain about parents moving out of state. If there's no custody order, I'd consider putting one in place before moving. The father could file a custody case in MI, if you leave and he doesn't like it.

What is a notarized letter?

Write the letter, but do not sign it. Take the letter to a notary public, have them witness your signing the letter, affix their seal and attest to the signature and the date. A notary confirms that the signature is indeed that of the person that signs it- or in some cases, affirms that a document is a tue copy of the original document.

How does an adopted child terminate their adoptive parents rights?

Depending on your age:

  1. if you are under 13 you have no direct choice; you may be able to convince your case worker or therapist or guardian at litem that it's a really bad match, and they may object on your behalf.
  2. if you are older than the age of 13 then you can decide whether to be adopted or not
  3. if your 16 and older you may be able to can live on your own (independent living programs)

Can you make your child remain in your custody until the age of 19 in the state of Alabama?

There is no point at which the child can make that decision. The court may hear a request from a child but the court always makes the final decision.

There is no point at which the child can make that decision. The court may hear a request from a child but the court always makes the final decision.

There is no point at which the child can make that decision. The court may hear a request from a child but the court always makes the final decision.

There is no point at which the child can make that decision. The court may hear a request from a child but the court always makes the final decision.

Trending Questions
Can a father sign awaw his rights if he is afraid he will hurt the child? Can you visit your child if its your non visiting day? If a child is born out of wedlock but carries the fathers name is she still illegitimate? Are you liable for your minor's crime if you are a non-custodial parent? What can you do if your ex is pregnant and you want the baby to have your last name but the mother does not agree? Can a child choose to live with an uncle without their mothers consent in ga? At what age do children of divorce have legal right to choose parental custody? What are the odds of a mother losing custody in Georgia? A non-custodial parent fails to file taxes so the custodial parent does not receive the refund for back child support. What can the custodial parent do? Can an abusive father get custody or visitation of the child? Your ex-husband is looking for joint custody off your 2 kids what rights does he have? What are the requirements and responsibilities of a child support worker? When can a minor decide which parent they want to live with in the state of WI? What can be done if you have joint custody but one parent does not cooperate? How do you get you child out of dys custody in Missouri What degree do the workers at dys have? Can a father get his rights back to his child? If one parent makes a higher income than the other divorced parent does the child automatically go to the other? Can your custody be challenged if you live with an unmarried partner? Can a non constodial parent give up their rights in the state of tn? What can a married father do if his wife moves out and won't let him see his child?