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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
Father or mother more important?
For the well rounded development of a child both are important equally. A child came from both a father and a mother and have DNA from each parent. Thus the child has part of both of your personalities. You each can contribute something special to the child's upbringing equally.
Does the unwed father have the right to be at the delivery of the baby?
Nobody has the right to be in the delivery room except the patient and the medical personnel. If you do not want anyone else in the delivery room you should discuss it with your doctor ahead of time and make certain your choice is understood. You should contact the hospital to discuss your choice and submit your instructions in writing if necessary, to be included in your medical file. You should also inform the staff when you arrive for the birth.
Can a parent move out of state with a child before custody hearing in VA?
No. If a custody action has been filed then the court has jurisdiction over the child and has the authority to render a decision. It would not be wise for the parent with present custody to flee.
No. If a custody action has been filed then the court has jurisdiction over the child and has the authority to render a decision. It would not be wise for the parent with present custody to flee.
No. If a custody action has been filed then the court has jurisdiction over the child and has the authority to render a decision. It would not be wise for the parent with present custody to flee.
No. If a custody action has been filed then the court has jurisdiction over the child and has the authority to render a decision. It would not be wise for the parent with present custody to flee.
How do you give up temporary custody of a child?
To give up custody under Temporary orders, or Divorce Decree, the court will need to change the legal and residential custody of the minor. Child support is not affected unless the Court orders a change in child support.
Can a mom lose custody because the child is failing school?
This depends on why the child is failing and what has been done to make sure the child does not fail school. There can be a million reasons for this including ADHD etc. So no one will take take custody just because the child is failing. That usually just add more stress into the child's life and increase the risk for failing further. But if the child is failing and the mother can not show that she has tried and she has not worked with the school or socialworkers, she could be considered a unfit parent and her rights can be taken away.
Can an officer force a parent to give a child up for visitation?
This would depend on the visitation rights and, weather or not the charges pressed if any. In most cases they can for right resons, such as neglect, abuse and, many others, but in some they cant.
How long can a temporary custody order remain in place?
the greatgrandmother is the temp custody holder and was awarded this in Oct of 2005. Due to a bench warrant for a custody case that I started in Aug 2005, that on the date the court met for the hearing of the case was the day that H Katrina hit NO and sent gusting waves of wind to the East which was blowing the roof off of the court house and court was postponed to the next day. In the time from where I entered the court room and left it, I had court rulled visitation with my son (4 mths) over night, because his father ran off with him for 3 weeks and that was the first time I had seen him since he took off w/ our son, and my lawyer told my mother and I to leave, so we did. And when I came back to the father, I had a bench warrant in the state of MS and my son's Ggrandmother was awarded Temp Custody. So my really, really important Q is... If the order was made in Oct 2005, is it expired? Please, please, respond soon, it's really important for me to know. Thank you, Misty
In Wisconsin can a parent with sole custody take a child on vaction?
Sole physical AND sole legal custody? If so, most likely as long as the visitation does not interfere with the non-custodial parent's court ordered visitation. If it does, then the parent planning such a vacation must secure permission from the other parent, or permission from the court beforehand.
How do you move back with your mom since you hate living with your dad?
First of all you need to talk to your mother.
Explain that you would like to move back in to live with her, and explain why.
Then you need to listen to your mother, she may agree or not.
All depends on the circumstances, usually a mother would want to protect her children, so try to resolve any issues and good luck.
Can a paternity test be ordered after a father signs a birth certificate?
Yes, but in some States this must be done fairly soon after the birth certificate was signed.
What if parent will not allow child to see grandparents?
What is the reason. IF the child is in any danger or the sort then the parent has every right. If it is just a control issue then all the grandparents could do is be the bigger people and see what it is that will make the contoller happy. There is not legality of visitation with grandparents unless lets say their child passed away and the only way they can see the child is through the in-law then they can try to force visitation.... This can be for a myriad of reasons. If you are the grandparents, you need to accept the parent's decision as being best for the child, while remaining open to the possibility that the child will find you once he/she is older. Alternatively, ask the parent what they need for you to have visits. Then, follow the rules without argument or by amending them when the parents are not present. If you want to do something, ask. Then, do exactly as the parent wishes. Sometimes there are other issues--physical or verbal abuse, alcoholism, driving without child seats, etc. that the parent sees as unsafe for the child, and those are hard to overcome. Suing or otherwise forcing visitation on the parents does not bode well for future family relationships.
Teenager wants to live with non custodial parent?
The child is always free to make their wishes known to the judge when a modification to custody is filed by the non-custodial parent, by requesting a meeting with the judge, writing a letter to the judge expressing their wishes, or engaging an attorney or guardian ad litem to speak for them. The judge will take into consideration the wishes of the child, and generally, the older the child, the more weight is given to those wishes.
Ultimately, however, the judge will rule depending on what he or she feels would be in the best interests of the child and the child must abide by the terms of the original custody agreement until the point a modification is granted, if it is granted, until they reach the age of majority in the state where they legally reside (18 in Florida).
Is a parent with joint custody the same as a custodial parent?
Joint custody is a form of legal custody.
Sole Custody: One parent has full custody and control while the other may have minimum limited access.
Joint Legal Custody: Similar to Sole Custody, but with a little more access right, as well as the right to be consulted in matters regarding the child, but as a working model, really has little difference.
Joint Physical Custody: The parents are the children equally in all matters, including decision making.
Bird Nest Custody: Similar to Joint Physical, except the children remain in the home and each parent lives there for a designated period of time, than switch.
IT is a good idea assuming the custodial parent has sole custody or sole legal custody of the child. Otherwise, most states will administer medical care to a child with either
parent present and will administer life saving measures without anyone present though they would be unable to continue treatment beyond emergency stabilization without a parent or guardian consent
How do you get child custody of a child suspect abuse?
Well, I was once put in this situation and any person who wanted to adopt me, or somewhere in the category of adopting me, had to go through the foster care. They had to become a foster parent in order to take me out of the state's custody and into their home. This law was in Louisiana, I'm not sure about where you live but you may want to contact a child case worker and ask them about it. But mainly just try and become a foster parent and adopt the child because I was moved around all over Louisiana because my mother was abusing me and I had nowhere else to go besides into the state's custody. I mean yes, my friend's parents all wanted to adopt me but none of them were Foster parents. But my point is, try and get the child into good care as soon as possible before the abuse ,or the fact that the child has to be passed around from group home to group hom, ruins his/her life.
Can you take a fathers name off a birth certificate without his consent?
You have provided no context for "your," but regardless, the answer is "yes" in all 3 cases! If it is "your" birth certificate or you are the mother, "your" name could have been entered incorrectly, so could technically apply. In the case of "your" being the father, sure, a dna test will get you started--but understand that it is very difficult, in any of the three cases, even when you can prove a mis-spelling, to accomplish this, and you have an uphill battle.
How do you get a copy of the child custody order?
You might start with your local health department and ask what records they have on file for your child. --- A: I assume you are the child's legal guardian. Write a letter to the child's doctor(s), that says the following: As I, Your full name, am legal guardian of Child's full name, I am as of this day today's date, requesting full disclosure of child's full name's entire Designated Record Set, as is my right under the Health Insurance Portability and Accountability Act of 1996, Administrative Simplification, Privacy Rule. Please prepare all documents forthwith, and contact me to advise when these documents will be ready. Time is of the essence. Include the child's Social Security Number if they have one, and the child's birthdate. Also include your phone number where they can call you, and the address you'd like the record set sent to -- or tell them to hold it for pickup if you prefer. Send this registered USPS return receipt requested. If you feel this sounds too formal, send a cover letter.
Note that if you aren't the child's legal guardian, this approach is not the way to go.
Visit your local family court and ask how to get your claim started. You can request a paternity test to confirm his paternity and then the court can establish a support order. There should be an advocate available at the court who can explain the process for you and help you file the necessary forms. Once his paternity has been established he cannot avoid his obligation to support his child. Keep in mind that the father can also request a visitation order once his paternity has been established.
What age child can pick parent to live with in Arizona?
If she is legally adopted, her 'parents' have custody of her, and as minor, she may not live with you, if she doesn't have constent of her legal caregivers. If she lives with you before she's at least sixteen, you can be arrested for kidnapping, child abuse, and endangering a child's life. Since you live in Arizona, the cut off is 16 instead of 18, but until then, she is considered a minor in the eyes of the law, and is thought of a personal property of her parents.
Can father claim child on taxes when legally separated and mother has custody?
in ca.my fiance claims the taxes because she has custody of her son more than 50% of the time. if you have your child over half the year in your custody you should legally be able to claim the child on your taxes if you have a problem the court will give you an order in writing.
What are the implications of giving up custody but keeping parental rights?
If "giving up custody" refers to a parent voluntarily relinquishing their parental rights to a minor child or children the consequences of a TPR being granted is that the parent loses all rights to the minor child/children permanently. A TPR cannot be rescinded by the parent nor revoked by the court. TPR decrees are not for the purpose of allowing a non custodial parent to be relieved of his or her financial obligations to minor children. They are usually only granted by the court to allow minor children to become eligible for adoption.
What are the legal rights of 16 year olds?
At 16, even though you think you are totally mature, your emotions still run wild from hormonal changes, peer pressure, etc. Have you ever heard the expression "Be careful what you ask for, because you just might get it."? It's true.
When I was 16 I knew everything, and no one could tell me anything. Then as I started to age, the older I got the dummer I became. One realizes that whatever was earth shattering at the age of 16 was so trivial it's stupid. Oh, here's another quote I love: "Want perfection? Hire a teenager, they know everything."
If you are having a problem with your parents or guardians, have you tried to sit down calmly with them and discuss your issues? If you have, and it didn't work, get a second opinion. Ask someone OLDER what they would do if they were in your shoes.
Finally, you may not get what you want--deal with it. Sometimes not getting everything you want is a blessing in disguise. Good luck.
A minor has the same legal rights as an adult unless said rights are restricted by federal or state statutory laws.
For example a minor has the right to freedom of speech, freedom of religion, right to a public education, right to medical care, right to legal representation and so forth.
A minor is restricted by law from purchasing alcohol, voting, operating a motor vehicle, etc.
All minors are considered to be in the legal and physical custody of their parent(s) or legal guardian until they reach the age of majority or a court rules otherwise
At 16, you also have the right to make your own doctor appointments ( Planned Parenthood), get your liscence, move out with parental consent, and work a 40-hour week.
Can part of child support arrears be waived by custodial parent?
Absolutely not. The court will not take such action without the participation of all involved parties, including parents and any agency that has jurisdicition in the matter.
Absolutely not. The court will not take such action without the participation of all involved parties, including parents and any agency that has jurisdicition in the matter.
Absolutely not. The court will not take such action without the participation of all involved parties, including parents and any agency that has jurisdicition in the matter.
Absolutely not. The court will not take such action without the participation of all involved parties, including parents and any agency that has jurisdicition in the matter.
