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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 fathers have rights over children born out of wedlock?

The father has not established his parental rights. An unmarried mother has legal custody of her child. Since the parents are not married the father needs to establish his paternity in court in order to gain his parental rights legally. Once established he should consult with an attorney who specializes in custody issues who can review his situation and explain his rights and options under the laws in the jurisdiction. According to the details the child has not been in a stable environment since birth. An attorney can help the father plead his case before the court.

What are the laws ofTermination of parental rights in sc?

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.

If you are still legally married and not legally separated do you have to pay child support?

If there is a court order then yes. If there is not a court order, then until you get one, no. Becarefull that you don't have to pay back support from the time of the seperation.

Can a girl keep a child away from the father?

No, of course not. If the non-custodial parent is keeping the custodial parent from the child then the custodial parent needs to get moving and take the matter to court immediately. The custodial parent also needs to get some counseling so that she can assert her rights more effectively and be a better parent for her child.

How can a family friend gain custody of a 16-year-old who is having family problems in North Carolina?

You might need to go down to the Department of Social Services. Make sure that the person you are staying with comes along. That way they will know that you are being taken care of. Good luck and God Bless:) * The only legal option is to file for guardianship in the probate or circuit court in the city or county where the minor now resides. Social service agencies will not remand a child into the custody of a non relative without a court order allowing the action. Please be advised, no action will be taken until an investigation has been completed by the state's department of children's and family services (CPS, DFS). If the situation is warranted the information will be submitted to the juvenile or family court for further action. Guardianship is seldom granted unless both parents have been deemed unfit and the court terminates their parental rights to the child.

Can a father baptize their child without the biological mother present but with the step mother present if they were never legally married?

Never without the real mother present.

Answer:

Anyone can "baptize" anyone with or without their permission or the permission of any relative (some churches baptize everyone not in their faith to their faith) - the question becomes so what:

  • Without the permission of a legal guardian it is a form of bullying
  • Without the permission of the baptized party is is similar to entering someone else into contract without their agreement
  • It has no standing in law - no baptism does
  • It does not influence the life of the baptized party

How do you go about taking tax right from non custodial parent?

Failure to file/pay taxes is a federal crime and can result in prison time if taxes are not paid or intent to defraud the federal government or tax evasion is proven after prosecution. If you really want to unleash that on the non-custodial parent, you can report them to the IRS by filling out Form 3949-A either online at irs.gov or by printing out the form, filling it out and mailing it in.

Can a 15-year-old decide which parent they want to live with in Washington State?

Yes. The court considers a fifteen year old competent enough to make their own decision in matters like that. * Minor's are not allowed to choose which parent or pwerson with whom they wish to live, regardless of the state of residency. The reason being that the court will not place itself in the position of catering to the wishes of any person (including the child) concerning the welfare of said child/children. In some instances the judge will speak with a minor child about such issues as school, friends, neighborhood, and so forth. Custodial decisions are always based upon the best interest of the child/children involved and not on the preference of any interested party.

Can you deny non custodial parent visitation if they have outstanding arrest warrants?

It depends on the court, the state, the county and the judge. From personal experience I have learned that once a parent enrages the judge (whether legal or not) that judge has a significantly higher likelihood of ruling in the opposite parents favor just because you made them mad and nothing can be done unless that judges decision is appealed.

Visitation can be denied because the child is placed into the system and it is not (at that time) in their best interest, a judge can deny visitation if the non-custodial parent has been found to engage in serial physical/emotional/sexual abuse/parentel alienation/drug abuse, etc. Visitation can be denied if the other parent is a sex-offender with a high likelihood to re-offend, the parent is in jail or prison, or the parent is uninvolved.

Also if the parents were never married EVEN IF the father signed the back of the birth certificate (paternity affadavit) registered in the putative father registry the mother still maintains sole custody of said child until the father goes to court and establishes legal custody. In these cases the mom (unfortunately) can do whatever she wants. She is not required to let you see your kid(s) by law. You are not entitled to report cards, health records, input in major decisions, nothing when a mom has sole custody you have about the same rights as joe blow with no relationship to your kid(s).

Visitation can be denied if the parent is deemed to be unfit by the court. 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

Does a biological father have any custodial rights if his name is on the birth certificate in the state of Florida?

Yes, get a blood test and prove it No. What is your motivation? Are you trying to destroy a marriage? Have you done anything to support your child? Given money to pay for medical or provided other resources? If the other guy is ACTING like a parent, maybe you should just stay out of it. The biology of a child is not relevent if the child is born to a married woman who resides with her husband. In such cases the "husband rule" applies, meaning the husband is assumed to be the legal father and the court will not allow anyone to intrude into the marriage nor will it allow genetic (paternity) testing to be done. The only exception is, if the biological father can prove beyond a doubt that the woman did not have an opportunity to engage in sexual relations with her husband during the time the child was conceived.

Can an unmarried father be denied unsupervised or overnight visitation?

the answer is yes in situations where it is alleged and proved that the child will be at risk. He it can be alleged and proved that the father will not be able to care for the child overnight because of severe alcohol use, drug use or neglect or that nature. Otherwise he is entitled to have visitation with the child married or unmarried and this right is separate and apart from child support

Can child protective services intervene if the parent attempts suicide?

Yes. C.P.S can take children away from their parents, if one of them tried to attempt suicide. The reason why, is because the "Child.Protective.Services" dont want the kids to live in an environment that involves abuse to the mind's of the children.

Does the father have to pay child support if there is joint legal custody with mother having primary placement?

This is not legal advice. You need to consult with an attorney from your state to find an actual answer to your situation.

That said, depending on the state in which you live, a father may be required to pay child support as part of a joint custody agreement.

In some cases, a father who has primary placement in excess of 50% may have to pay child support if the income disparity between parents is an issue.

Again, this answer does not constitute legal advice, and you should in all cases consult a family law attorney from the state in question in your particular situation.

How do you get awarded custody back after losing custody?

When a child is taken by the state, the parents have to follow a case plan to ensure safety of the children. Children go into state custody in cases of abuse and neglect.

Can you give up your rights so you stop paying child support in North Carolina?

The two are not connected. This is not a house or a car! You fathered the child and so you are responsible for helping with its support until it is grown. If the child is adopted by someone else, or by a partner of the custodial parent, then your financial responsibility would end.

Are you allowed to name your child anything you want?

No. Some of the ... original names could easily qualify as emotional abuse.

Can either parent sign a marriage license for their 16-year-old?

It depend on you situation, If you can prove to a court that getting married is the best thing for you then you probably don�t need your parents at all, but if you just want to get married at sixteen then you only need a parent who is a Legal guardian.

It depends on the state. Many states require the signature of both parents if they have equal custody.

If your parents are divorced then only 1 parent has to sign. My mom signed for me when I was 16 and me and my hubby are happily married!

If parents share joint custodial rights then both parents must give permission for a minor to marry.

If parents are married and one objects the minor cannot marry.

Can a 14 year old child decide where she lives when a parent dies?

No. The court decides where the minor is to reside until he or she becomes of legal age.

If a man finds out that his child really isn't his child can he sign over his rights and remove his name from child's birth certificate?

By signing the birth certificate, he accepted legal responsibility for the child. If he wants to escape legal responsibility now, he'll have to have it proven by medical testing that he's not actually the father. * A paternity test is not relevant as the male voluntarily signed the birth certificate knowing it was not his child. He can file a termination of parental rights petition whether or not it would be granted would be determined by the specific circumstances of the matter being addressed.

Is child support supposed to pay for sports activities?

== Find the source to this answer in the Related Links:

"The law does not specify what child support is to cover. It is presumed that the custodial parent is providing food, clothing, and shelter for the minor children and that these expenses are what support goes towards. Any extra-curricular expenses can be shared between the parties upon their agreement, however there is no legal requirement that this happen, unless there is a specific court order that states such."

Why does parvana mother decide to go to jail to help father?

She wanted to ask for him to be released. Nooria had to write a note giving mother

permission to be outside, as if she was the husband. Most of the Taliban couldn’t

read anyway, so it probably wouldn’t help.

Parvana was afraid she could lose mother as all the women were wearing basically

the same burqa, a regulation burqa. Mother showed the photograph of father to

people to see if they could help. Photographs were illegal, so this was dangerous.

The walk to Pul-i-Charkhi Prison was very long. The soldiers did not let Mother see

or talk to Father, and one soldier ripped up the photograph. Soldiers beat Mother and

Parvana.

Can a 12 year old choose which parent they want to live with in texas?

In TX at the age of 12 the court will *consider* the child's wishes regarding who is awarded custody. That does not mean the court is required to abide by the child's wishes. The court considers *all* factors (not just the child's wishes but the parents wishes to) when making the final decision.

Can a man adopt his wifes children if the childs father is paying child support and will not sign over his rights?

Your husband can only adopt if the girls father willingly gives up his parental rights or the court terminates them. As her dad he will pay child support until the adoption is through. Then your husband have that responsibility and parental rights just like you. So see what your ex wants. The court stops child support etc when the adoption is through.

Does signing a birth certificate give you rights to a child?

That depends on state law where you live. In general (and this is very general), acknowledging parentage by signing a birth certificate assigns rights as outlined under your state's laws as the father. However, many rights are not automatically conferred such as custody, visitation, etc. Those are things that are (hopefully) worked out between the parents or hammered out in court. Either way, court orders are involved for the protection of the rights of everyone involved.

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