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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

Do you have the right as an unwed mother to deny the biological father visitation rights?

You do not have the right to deny visitations but if you do, the father can and should request a court hearing to establish his paternity and get visitation rights. He can request custody or joint custody and the court will render a decision. If the child is to remain with the mother the court will set up a child support order and the father can file contempt charges if the mother withholds visitation or violates the visitation order in any other way.

Can you stop child support when your child doesn't want to come for visitation any longer?

Although many people link support and visitation in their minds (let's see: $1,275 a month equals HOW much per visit?), it is not a true reflection of the agreement for support. The child still needs your contribution for food, housing, and so on, and the courts still require that you pay it. As your child ages, other things in life take on importance, so try to change your meeting times. What has worked for some is a "date night" every week, where you meet to catch up over dinner. This is kept separate from times when the kid needs discipline...just keep the evening pleasant and you will get a lot of them, since kids love to have an adult to talk to about stuff.

What if one parent dies who get custody surviving parent or the maternal grandparents?

Generally, in the United States, biological parents are always favored for custody even if the parents were not married.

Unless the father is deemed unfit the court will favor him for full custody if he wants full custody.The court would require the father's consent to the appointment of the grandmother as legal guardian. If the father refuses to consent and requests custody then she must petition the probate court for guardianship. She must provide compelling evidence that the father is unfit and her guardianship would be in the best interest of the child. The court would appoint a guardian ad litem to study and evaluate the situation and report back to the judge.

The grandmother must show that although she thinks the child would be better off living with her, she knows the child should have a good relationship with her father and she will do everything in her power to encourage that parent-child relationship.

The judge would render a decision after hearing all the testimony and reviewing the report of the guardian ad litem. This is a serious situation and the grandmother mother should consult with an attorney who specializes in custody issues.

What are father's rights in the state of Illinois?

GIVING UP PARENTAL RIGHTS

First, it should be understood that until court ordered, single fathers have NO ASSUMED PARENTAL RIGHTS. Financial responsibility and parental rights are not linked until he has applied to the court for permission to see his child(ren). What the father is doing is motioning the court to be released from current and future financial obligations, along with giving up the right to "PETITION" the court for Parental Rights.

Since they are the ones who actually carry to term and give birth to the child, ONLY MOTHERS have the universal right to voluntarily give her parental rights AND financial responsibility for her child(ren). Initially, after the day of birth, under State Safe Haven Laws, she can abandon her child, giving up all rights and responsible for said child (NO QUESTIONS ASKED) at any Hospital ER. After the Statute of Limitations under the Safe Haven Law, the mother can still give up her children to the State Division of Family Services. However, the father is still obligated to pay child support.

On the other hand, the male must seek the permission of the Court, AND the Mother, to give up his own financial responsibility.

Petitioning the courts to be absolved of financial responsibility can be time consuming, and expensive in terms of legal fees and court costs. Further, he could be obligated to pay for the mother's legal counsel. Further, if the mother is receiving Aid For Dependent Children (AFDC) or other State Aid for the children, not even the court has the authority to grant a motion to absolve the father of responsibility.

How does a father get a court ordered paternity test?

All citizens have the option to act as their own legal counsel in almost any legal matter, although that is not always the best choice. Contact the office of the clerk or administrator of the circuit court in the interested party's city or county of residence to obtain the information necessary for filing a proof of paternity petition.

How do you find a custody agreement on record?

At the family court that has jurisdiction over the case.

At the family court that has jurisdiction over the case.

At the family court that has jurisdiction over the case.

At the family court that has jurisdiction over the case.

Can your ex get your kids just because he does not want to pay child support?

First, it is an Urban Myth that fathers go for custody to avoid paying child support. First, who would support the children while in his custody? Less then 15% of mothers are ordered to pay, and depending on circumstances, the custodial father is often still ordered to pay child support.

How long can a dad not pay child support before action is taken?

It depends on the state laws and how the payments are made. If the payments are made directly to the custodial parent, that parent will need to file a petition with the court before action can be taken, which can take quite a few months. If the payments are handled by state DFS and it is a state that is aggressive (most have become so) action will be taken quickly. However, most state agencies try to make reasonable arrangements before filing contempt charges. Bear in mind, not paying court ordered support is a direct violation of a court order and can result in civil and criminal penalties including incarceration.

Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?

Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.

Adding fathers name to a birth certificate?

Assuming this father is unmarried, he has the right to establish his paternity legally through the family court. Once his paternity has been established he can request joint custody and/or a visitation schedule and pay child support if the child is to remain in the physical custody of the mother.

Does signing over your parental right to a child relieve you of financial obligation in the state of Pennsylvania?

In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

Can a parent keep a child from the other parent in the state of California during divorce?

It will depend on how your state views parental rights. Here in Florida, it's assumed that the mother has full natural parental custody. However, that's fairly rare. What you can do is call your local courthouse and they can answer the question for you. What you SHOULD do is immediately get a court-issued custody order that puts in writing all your custodial rights. Until a custodial order has been issued by the court both parents are presumed to have equal rights to the child(ren). Although it is not considered illegal for the parent who has physical custody to deny vistation it is not a good idea. Any parent denying visitation to the other without being able to establish "just cause" at a custody hearing will not be looked on favorably by the court.

How do you defend against false allegations of elder abuse?

  • Caregivers of parents is an extremely difficult job especially when the elderly parent could have Dementia or Alzheimer's. Dementia and Alzheimer's makes the elderly parent paranoid (they really believe what they say is happening to them); they can sometimes be destructive; wander away from home; lash out verbally and physically at their caregiver or tell other members of the family how terribly they are treated when, in fact, they are not. It is often the best no matter how painful to put the elderly parent into a decent nursing home where trained nurses can handle the situation and medications can safely be given to help the elderly patient have some peace of mind. Try to remember that your elderly parent is now a shadow of their former self and they drift in and out of recognizing you or, they may possibly not remember you at all and remember another member of the family or even one of your friends and this is no reflection on you. Try to remember the good memories you had with your elderly parent instead of how they are behaving now.

Does the custodial parent need permission from noncustodial to take kids out of the country on vacation?

If a custodial parent can take a child out of the country on vacation without telling the non-custodial parent will depend on the court order and the laws in the state they live in. Many states will want the custodial parent to get a notarized document from the non-custodial parent stating they are giving their permission for the child to leave the country.

What to do when the non custodial parent will not bring the child home after visitation is over?

It depends on how custody is established. If the mother has primary custody then she can contact the police who have jurisdiction in the area where the non compliant parent resides and have them accompany her to the residence to get the child. The mother will need to present the custodial order at the time of the requesting of assistance. If custody is joint, the mother will likely need a court order to have the child returned to her home, unless she has proof that the children are being held against their will or their safety is being jeopardized (often difficult to prove to the satisfaction of authorities).

Does a 17 year old have any say over who should have custody of him?

You would need a court order emancipating you, usually this would involve proving in court that your parents are unfit parents and that you are mature enough and capable of supporting yourself financially.

Should parents have any rights in deciding their child's future?

No. Children don't have the knowledge, experience to make good decisions that why they have parents.

Also depends on what age you are talking about.

How old does a child have to be to choose which parent they want to live with in the state of West Virginia?

It is a common misconception that children can chose which parent they want to live with when they reach a certain age. But the bottom line is, while a judge may question the child to see if he or she does have a preference and, if so, why, it is still up to the judge - not the child.

Can your mother's boyfriend become your legal guardian?

A legal adult (21+ usually) can take Guardianship of you, but it needs to be bought up in front of a court for the exchange to be legalised.

What happens if someone collecting child support gets married?

If both parents get married to one another, then they are both supporting their own children in the normal manner, as a family, and nobody has to pay child support.

Once the couple marries the child support order should be terminated by notifying the court. However, any child support arrears owed at that time to the state or to the custodial parent remain in effect until they are paid.

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