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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 do you sign over parental rights to another family?

You file a petition in Family Court to "Relinquish Parental Rights". In most cases the parent wishing to give up their rights to a child must undergo a counseling session. In almost every state, unless the child is being placed for adoption, relinquishment does not relieve the parent from their financial obligations.

ok i mean his name is on certificate, they were never married, broke up not long after and the father has not been around, in jail 90 percent of time so wants to sign rights ovr since he wasnt there and doesnt see him

Is there a law about children sleeping with parents?

There is no law about sleeping. There is a law about making sure children are supervised and safe. If there was a law, parents with a lot of kids would die of sleep deprivation!

Where do children go when their parent is in jail?

the noncustodial parent, or sometimes if there are other issues involved, you may be able to assign temporary custody to another relative. In either case, you should consult a family law attorney to avoid the kids being placed in foster care.

How can a grandparent get temporary custody of grandsons while their custodial parent is in jail in the state of Florida?

By petitioning the family court in the jurisdiction where the children legally reside for a guardianship order.

Does there have to be an existing court order to do a Show Cause Order?

Yes - the actual name is, "show cause why the defendant should not be held in contempt."

Another View:

Not necessarily. Definition follows:

"A show cause order is an order of the court, directing a party to a lawsuit to appear on a certain date to show cause why the judge should not issue a specific order or make a certain finding. It is also called an order to show cause or OSC.

A show cause order is commonly used in a family law case. The hearing of the show cause order is customarilly not an "evidentiary" hearing. An "evidentiary" hearing is where each of the parties is sworn under oath and takes the witness stand to provide testimony (evidence) to prove the facts for the judge's ruling. But normally at the show cause order hearing the parties have provided their evidence in the form of a written declaration signed under penalty of perjury.

In some cases, orders to show cause are filed by a party requesting a court ruling on: child custody, child visitation, child support, spousal support, attorney fees and costs, property restraint, and property control. These are mostly used to modify already-existing orders issued by the court."

See below link:

Can a mother put their child in temporary foster care?

No. The guardian can call the police and report the mother for taking the child. If the mother wants to regain custody she must do so through the court.

No. The guardian can call the police and report the mother for taking the child. If the mother wants to regain custody she must do so through the court.

No. The guardian can call the police and report the mother for taking the child. If the mother wants to regain custody she must do so through the court.

No. The guardian can call the police and report the mother for taking the child. If the mother wants to regain custody she must do so through the court.

What do mothers give children more than fathers do?

Mothers do two types of things for their children, the things necessary to keep them healthy and the things that will help them develop both mentally and physically. There is no rule book for how a mother should do these things and each mother tries to care for her children in her own individual way, to the best of her ability.

Which parent has custody if the parents were never married?

An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.

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. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

Can an unemployed non custodial parent be made to pay child support?

The court will order you to pay some child support. If you don't have a job right now, it might not be based on your current paystubs, but it will be based on your tax returns from the previous years. If you won't be paying it on time, the child support will start adding 10% as an interest on the child support. And you'll pay it off when you can. If a custodial parent opens a DA case on you, it will take them about a year to get all of the info on you, and then they will start taking your money out of your bank account or from your pay checks. The best thing for you is to get a job as soon as possible, so you can start helping your child financially and at the same time stop getting your self into more truble, since not paying your child support is very negative for your credit and future opportunities in this country.

Does the father of the child get custody if his name is on the birth certificate?

If the parents are unmarried, simply being the name on the birth certificate doesn't bestow any custody rights. An unmarried father must establish his paternity in court and arrange for a custody hearing if he wants custody.

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 signs the birth certificate he may still need to establish paternity through DNA testing. If he doesn't sign the birth certificate then he must establish his paternity through a DNA test.

A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

If you are owed back child support how long does it take to getit?

You will have to contact the courts or the child support recovery unit who handles your case to find out how much back support you owe. You will owe this amount even when the child turns 18 and your order is cancelled.

Can an unmarried father keep the mother from moving out of state before the child is born?

Of course not. At least in the United States, you cannot take that kind of control over another person's body. You will have to wait until the child is born and try to exert your parental rights at that time.

Of course not. At least in the United States, you cannot take that kind of control over another person's body. You will have to wait until the child is born and try to exert your parental rights at that time.

Of course not. At least in the United States, you cannot take that kind of control over another person's body. You will have to wait until the child is born and try to exert your parental rights at that time.

Of course not. At least in the United States, you cannot take that kind of control over another person's body. You will have to wait until the child is born and try to exert your parental rights at that time.

Child Custody and narcissist?

I described in "The Guilt of the Abused - Pathologizing the Victim" how the system is biased and titled against the victim.

Regrettably, mental health professionals and practitioners - marital and couple therapists, counselors - are conditioned, by years of indoctrinating and dogmatic education, to respond favorably to specific verbal cues.

The paradigm is that abuse is rarely one sided - in other words, that it is invariably "triggered" either by the victim or by the mental health problems of the abuser. Another common lie is that all mental health problems can be successfully treated one way (talk therapy) or another (medication).

This shifts the responsibility from the offender to his prey. The abused must have done something to bring about their own maltreatment - or simply were emotionally "unavailable" to help the abuser with his problems. Healing is guaranteed if only the victim were willing to participate in a treatment plan and communicate with the abuser. So goes the orthodoxy.

Refusal to do so - in other words, refusal to risk further abuse - is harshly judged by the therapist. The victim is labeled uncooperative, resistant, or even abusive!

The key is, therefore, feigned acquiescence and collaboration with the therapist's scheme, acceptance of his/her interpretation of the events, and the use of key phrases such as: "I wish to communicate/work with (the abuser)", "trauma", "relationship", "healing process", "inner child", "the good of the children", "the importance of fathering", "significant other" and other psycho-babble. Learn the jargon, use it intelligently and you are bound to win the therapist's sympathy.

Above all - do not be assertive, or aggressive and do not overtly criticize the therapist or disagree with him/her.

I make the therapist sound like yet another potential abuser - because in many cases, he/she becomes one as they inadvertently collude with the abuser, invalidate the abuse experiences, and pathologize the victim.

Be sure to maintain as much contact with your abuser as the courts, counsellors, mediators, guardians, or law enforcement officials mandate.

Do NOT contravene the decisions of the system. Work from the inside to change judgments, evaluations, or rulings - but NEVER rebel against them or ignore them. You will only turn the system against you and your interests.

But with the exception of the minimum mandated by the courts - decline any and all gratuitous contact with the narcissist. A lot more here: My book: "Malignant Self Love - Narcissism Revisited" (c) 2003 Lidija Rangelovska Narcissus Publications

Can a 17yr old choose which parent they want to live with?

When a minor who is near the age of emancipation requests to live with a specific parent, the court generally grants the petition. This is contingent on the parent being deemed by the court acceptable for the granting of custody.

How do you terminate your parental rights as a father if you adopted him because your ex-wife had him prior to your marriage?

If you legally adopted the child, you would terminate your parental rights the same way you would with a biological child. Get a lawyer and go to court.

However, keep in mind that if you legally adopted the child, terminating your parental rights does not terminate your legal relationship with the child. According to the law, you are the child's father and you will be required to pay child support. Terminating your parental rights will only relinquish your custody rights and your ability to make decisions on behalf of the child.

If the parents of a child reconcile and get remarried what happens to the obligation for past due child support?

Any child support arrears must be paid unless, of course, the person to whom the funds are owed decides not to pursue the case.

Any child support arrears must be paid unless, of course, the person to whom the funds are owed decides not to pursue the case.

Any child support arrears must be paid unless, of course, the person to whom the funds are owed decides not to pursue the case.

Any child support arrears must be paid unless, of course, the person to whom the funds are owed decides not to pursue the case.

How can a mother get her son back from his father if he does not have custody of the child?

Contact the local police and request they accompany the guardian to the residence where the child is located. This is not an ideal solution, however a court appointed guardian is responsible for the child and legally responsible to abide by the court's guardian mandates. The police will need to see a copy of the guardianship award or some proof of the person's legal guardianship status.

What if there is an order of protection does the father have rights to see the child?

Yes, as he should for the children's sake. Protective orders are not a sign of abuse, as they are easy to get and nearly 100% of male victims of abuse who seek help will have one filed on them. David Letterman paid $10,000 to fight one in New Mexico brought by a woman who said he stalking her through the TV. In November, a New York man, dressed as a woman, filed one on himself, using all the same information on both the petitioner and respondent lines, including social security numbers. The deputies, after confirming ID, served him. These restraining order have become a tool to control fathers access rights.

see links below

Can you receive child support after a child turns 18 and goes to college in Minnesota?

Generally, the obligation ends when the child reaches 18 years of age or the child graduates from high school, whichever occurs later. A child will also automatically be ineligible for child support if that child marries, or is removed from disability status by a court order. see link

Is a guardian a parent?

No. A legal guardian is not a parent.

No. A legal guardian is not a parent.

No. A legal guardian is not a parent.

No. A legal guardian is not a parent.

When can you stop paying interest on back child support?

If interest is accruing that means there must be arrears. The interest will stop accruing when the arrears are paid off.

If interest is accruing that means there must be arrears. The interest will stop accruing when the arrears are paid off.

If interest is accruing that means there must be arrears. The interest will stop accruing when the arrears are paid off.

If interest is accruing that means there must be arrears. The interest will stop accruing when the arrears are paid off.

What happens if you have physical custody of your child and you move out of state?

It would have to be honored up and until the time the order is modified to reflect the change in circumstances. If this is not done, the non-compliant parent could be found to be in contempt of court if such an action were filed.

Can a 17 year old decide where she wants to live in sc?

No, not without permission from the court, unless the child files for and is granted legal emancipation. The age of majority in SC, when a child can decide where to live without court intervention or permission from the custodial parent, is 18. However, the child does have the right to make their preferences known to the judge in charge of deciding or modifying custody, either via a letter to the court, or engaging an attorney or guardian ad litem to petition the court indicating their preferences. The older the child, the more weight generally given to their preference, unless living with the other parent would not be, in the opinion of the court, in the child's best interests.

What are grandparents rights for custody in Indiana?

They have no legal "right" to custody. If they believe the child is endangered by living with the parents they can request legal custody through a petition to the family court. Both parents would need to consent to the appointment of the grandparents as legal guardians. If there is no consent, the grandparents would need to provide compelling evidence that the parents are unfit. The court would evaluate the situation and render a decision.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
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