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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 mother refuse to allow a child to be around the father's new girlfriend?
She cannot no, but she can petition the court for an order preventing it. It would be up to the mother to present a viable case why the presence of the girlfriend would present a danger to the child or otherwise not be in the child's best interests.
Yes, if he can establish his paternity legally through a DNA test. Once his paternity is established he can petition for visitation or custody and if the mother retains custody she can request a child support order. A father's parental rights do not depend on the name of the child only on the biological relationship.
I'm not one hundred percent sure what your question is. However, I will tell you this; children, just like adults, do what works. If whining for hours gets them what they want, then there's absolutely no reason NOT to do it! It works. It does not mean that the child is a bad child, or a particularly manipulative child. It means that they are a thinking, learning individual who has learned what works. This being said, this a horrible ideal to teach your child, that whining and nagging lead to reward. How does this help the child become the best they can be in the long run? Ever hear of a successful marriage when one partner nags all the time? Not so much.
Also, because you are not allowing your child to learn the rewards of delayed gratification, self control, and to respect what an adult says, this sets the child up for failure when at school, or a friend's home, because they are likely to literally meltdown in the middle of the classroom when their tried and true technique does not work on others. I've unfortunately seen it, not pleasant.
I would also like to direct you to the blog, www.thedifficultchild.blogspot.com, this is a blog full of tools and strategies on how to parent children, especially children who might seem more difficult in some areas, maybe they explode easier than their peers, for example. The author accepts questions as well, so I highly recommend you check it out.
After your father dies is his wife still considered your step mother?
because there is no legal ties between stepsiblings, I imagine this is the choice of the stepfamily members.
What do you do if the noncustodial parent is not obeying the court order for visitation?
After compiling documentation, hire an exceptional attorney and take the ex to court.
Judges are more inclinded to assist you if you have documentation and witnesses. Judges also will appreciate the fact that you went out of your way to not disrupt the child's life by involving law enforcement in the presence of the child. Having a cop tell either mom or dad that they cannot pick up or take a child is devistating to a child under any circumstances. Don't fall into the trap of using the children even if it is obvious that your ex is doing just that. Don't stoop to that level. Your child/children will eventually know the facts.
Take him to court! (Have you tried talking to him and asking? If so, and he said no, then you have to take him to court. If there is an order he has to listen to it.)
Can a man sign away his rights to his children and how?
In most states it is possible to voluntarily relinquish parental rights. States establish their own laws pertaining to domestic issues, therefore you would need to consult the laws pertaining to the procedure in the state where the children reside. There are specific TPR requirements that must be met before relinquishment of parental responsibility is granted. The usual reason is to enable the child/children to become eligible for adoption. Although it is not impossible to achieve, courts are extemely reluctant to allow termination parental rights as a means of escaping financial obligations.
Can an Ohio Notary Public notarize documents for themselves?
Not if they stand to profit from what they're notarizing (e.g., title).
What legal rights do you have when you find out a child is not yours?
If a man learns that a child is not his biological child, the next steps depend partly on the state laws and marital status.
If a man was married to the mother of the child, and living with her at the time of conception or birth, then he is the unquestioned father of the child in nearly every state. Most states do not give a man an 'out' from child support if the child is later shown to be not his biological child.
If a man and woman were not married, and she conceives and places the man's name on the birth certificate as father, or after birth tells state agencies that he is the father, there is more room for change. If the man demands paternity testing and DNA or other tests conclusively prove the child is not his, he can petition to have his name taken off the birth certificate in most states, and can petition the family court to remove the child support order from him.
Can you move out of state with your kids if the father has temporary custody?
No. You cannot move out of state without notifying the court. The other parent can file an injunction preventing your removing the children from the jurisdiction of the court and if youare not the parent with temporary custody then you could be arrested.
Can father give up parental rights if the mother agrees to it?
No, that decision is made by the court. However the granting of a TPR to either parent does not necessarily mean that the requesting parent is relieved of his or her financial obligations to the minor child. If there is a court order of child support in affect a TPR petition is not be granted unless it is a matter of the minor child being legally adopted by a new spouse.
How do you tell your dad you no longer want to live with him?
There is no easy way. However, if you are a minor and serious about not wanting to live with your dad anymore then you need to think it through and come up with a list of reasons for your decision. Try to stick with the facts and don't be petty about your reasons. You should also consider whether it would be possible for your mom to have physical custody and whether she will agree to the change in custody. Choose a quiet time when you can sit down and discuss your reasons privately with your dad. If he has legal custody your parents will need to return to court to modify the custody order if your dad agrees to allowing you to live with mom.
How will you develop qualities of sharing and caring of child?
You show your child by modeling. What you want your child to know you teach through your actions. Children learn more by watching what people say and do than any other way and this is really true with parents. They copy you.
What are an unwed fathers rights to his child?
Until paternity is established the birth mother is considered to hold sole custody of a minor child.
For a father to have custodial or visitation rights it must be agreed on by the mother of the child or through the prescribed court procedures by means of a lawsuit.
If there is No court order can the father take the child away from the mother?
In the United States both parents have equal rights to the child if they are married and not divorced and there is no court order.
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.
Without further details it seems as though this father is making up his own rules and exerting too much control over the child and the child's mother. She should seek help ASAP from an attorney or other legal advocate.
What is legal age of a child to make their own decision on custody rights in the UK?
Though not specifically applicable to the UK, the arguments in this regard are important. See link
Is it legal for a 17-year-old to move out with parental consent and how do you prove it?
The age of majority in all but four states is 18, in Alabama and Nebraska it is 19, in Mississippi and Pennsylvania it is 21. What action can be taken if a minor leaves home w/o parental permission depends on what actions the parents choose to take and how authorities decide to resolve the situation according to the laws of the state.
Can a 13-year-old stop visitation with a noncustodial parent?
unless the judge thinks that the child's visit with the non-custodial parent is in any way harming the child in question, then a child must wait until they are 18 to choose not to see the non-custodial parent
What are a father's parental rights in Louisiana?
The laws of intestacy in Louisiana are unique. If you die without a will in Louisiana the laws of intestacy will distribute your property to your spouse and children. The division of the property depends on whether the property is separate property or community property. Community property is property that was acquired by a married couple during their marriage. Separate property is property that was inherited, owned before marriage, or gifts. Generally, the spouse receives no separate property. It passes to your children or grandchildren. The surviving spouse receives none of the decedent's share of the community property if the couple has children. Your community property will go first to your children. If you do not have children, your spouse will receive your community property. This comment addresses spouse and children only. For the full picture of intestacy in Louisiana an internet search will provide numerous articles and sites that discuss the details.
Can the non custodial parent move out of state before a divorce is over?
Yes but the custodial parent should take that factor into consideration when the child support and visitation orders are drafted. The custodial parent may need to arrange supervision of child support payments via direct payments by an employer or some other means. They should seek legal advice.
Can you give up parental rights in New Jersey?
Sure, just contact a lawyer or go into your local city hall. Make sure the child have someone to take care of it if you don't want to. Contact a counselor if it is too difficult to do.
see linkIn Illinois can a mother leave the state with the child without the fathers consent?
Provided it is just for a trio or vacation, and not a permanent move, then possibly yes. In other circumstances no. It depends a lot on marital status, legal custody, and any existing court orders. Consulting a lawyer would be a great idea to find out the legalities for your specific situation.
How do you report an unfit mother?
If you daughter is not feeding her child, not keeping up with the child's hygiene, leaving her child in unfit conditions (her home that's is filthy) has a history of substance abuse and is still using, conviction of sexual offense, history of domestic violence or excessive discipline or emotional abuse of the child. laws may vary from state to state but this is my local laws of Illinois
A writ of habeau corpus is issued to determine such, and the judge must release the person if he/she is being held for no cause.
