What custodial rights will a court give to an illegal immigrant father after a divorce?
My guess is they'd give him the right to a free ride out of the country and don't come back, Jack, but who knows with modern liberal courts.
Can a 15 year old choose a guardian other than a parent?
No, the child cannot make that choice until they reach the age of majority in the state where they reside (18 at least in all 50 states). However, the child can engage the services of an attorney or a guardian ad litem to petition the court for custody modification, and if the court feels, after a hearing, that it would be in the best interests of the child to re-assign guardianship, such a petition may be granted. Of course, there's always the possibility that the court may find the custodial parent and the child's choice aren't suitable, the child may be remanded to the custody of the state and placed in an agency or foster care until they reach the age of majority. So if you're mad at your parent and wanting to move because of that, you should think carefully about the possible repercussions.
see related question
Is a paternity test required for a child in Pennsylvania if the mother is unmarried?
I doubt it. That sounds like it infringes upon constitutional rights (not that Bush cares.)
Can I change from joint custody to sole custody?
You can petition the court that has jurisdiction for a modification of the custody order. The court will hear the testimony, evaluate the situation and render a decision that is in the best interest of the child. In many jurisdictions there must be a significant change in the circumstances in order for the court to modify the standing custody order. The parent seeking sole custody would need to provide evidence that the present arrangement is detrimental to the child.
Can the non custodial parent force the child to remove piercings?
That depends on what agreement you have with the custodial parent. If it's a hot topic I would suggest the custodial parent deal with it.
Do you have the right to know your child's father's address?
This is something that should have been addressed in the court order.
Are the childrens wishes considered in child custody hearings?
Not the children under consideration, judges will not allow this.
Many couples are usually angry during a divorce and often forget the child's feelings in the midst of it all. It's healthier in most cases that the daughter see both of you. Just because your wife has a green card doesn't mean she isn't entitled to have partial custody of your daughter. You need to see a lawyer over this one to be sure everything is legal and decide what is fair for your child. Perhaps your wife can take your daughter, but under court order send the child to you during special holidays, summer vacations, etc. If you are not prepared to spend quality time with your daughter then it's best she stay with her mother and hopefully your wife will keep in touch with you regarding your daughter. If you are willing to put 100% into joint custody then you have every right as the father to a shared custody. Before a legal evaluation can be made, one important question needs to be addressed. Where it the child's citizenship status? Is the child a U.S. citizen, another country or dual citizenship status? The court first and foremost is concerned with the well-being of the child.
If you sign over your parental rights to a child in Maryland do you still have to pay child support?
Yes. Parental rights are yours and you can sign them away. You cannot, however, sign away the child's rights, and one of those rights is the right to support. If you're signing away your rights so that someone else may adopt the child, once they do so you should be absolved from the responsibility to keep paying child support.
Can a parent get into trouble if they throw their child out at 17?
truthfully i don't think that they can get into trouble. There are kids that live in the foster care system and can be emancipated at the age of 17, and if your lucky 16. but for the most of them they age out at 18.
if you take them to court and the judge fills that you are fit enough to live out on your own then i think you are sol. But if the judge fills that you are not fit to be "kicked out" there might be some action taken. but it might not be as severe as you might want it to be.
Can a 12 year old child choose not to visit their non-custodial parent in the state of New Jersey?
No they may not. The custodial parent has the responsibility to ensure their minor child abides by the terms of the visitation order until the child reaches the age of majority in Oklahoma, which is 18. Otherwise, the custodial parent could be found in contempt of court and fined/jailed based on the same.
However the child is always free to make their wishes known to the judge, either in court when custody is being decided, 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.
Do you still have to pay child support if you move out of state?
Not unless the child is age of majority (usually 18) in your state. Moving out does not emancipate them and until then you are obligated to support them. A minor can also not move out without your consent and you are still responsible for what they do.
Can a paternity be established after the father has died?
Yes, as long as the father has family. You can have the fathers family tested to see if there are any similarities in the DNA.
Can a child be adopted if he is over 16?
Even adults can be legally adopted, if an older adult wants to adopt them. Some childless persons will adopt non-relatives they're fond of, to give themselves an heir or a family member.
Can a father get visitation rights in nc if not on birth certificate?
If he's not married to the mother, none even if it was. see links
Can a father sign over parental rights to an unborn child in Alabama?
That is a decision made by the court. A court can grant a partial or complete Termination of Parental Rights if the judge feels it is warranted for reasons other than said parent is relieved of his or her financial obligation to their minor child/children. Generally voluntary TPR's (those requested by a parent) are only granted when a child is being legally adopted.
Yes, the back support will still be owed, unless the custodial parent agrees to 'forgive' it.
Who has custody if the father of your child and you never were married?
File a motion with the courts in the county in which you live to determine custody. You will probably need an attorney or mediator to help you put together a custody agreement. Both parents will need to agree to all the terms of the agreement and then you are both bound to the agreement unless you choose to amend it.
What if the custodial parent wont allow the noncustodial parent to visit the kids?
A custodial parent is obligated to let the non-custodial visit the child if there is visitation schedule in place. If there is none, it is not illegal for the custodial parent to refuse visitation.
How does the father of a child go about signing his rights over to another man?
Impossible to answer without much more information. Some states do NOT allow the biological father to sign away their so-called 'rights' especially when it comes to child support issues. You would have to either be more specific with your information or research your own states laws on the subject.
How does a father win a custody battle?
If he is a married father, and nothing has been filed with the court, he has equal access to the child(ren), but he needs to begin preparing for a custody challenge. Also, if nothing has been filed, if he gets possession, he can file for temporary custody. Preparation are similar to what a single father needs to do. Except in the state of Arizona, single fathers have NO RIGHTS to the children. See the link below to learn what a single father needs to do to establish his rights.
How do you obtain emergency temporary custody?
Depends on the living arrangements. If the parents are together, it would be the first to file. If not, a clear chain of evidence would be needed to file the motion.
Can you be eighteen and be a legal guardian to a sixteen year old?
You could be a guadian to an under 16 year old maybe if you are classed as responsible enough but many different things are taken into account ie. housing that you live in, mental and physical state of you and the 16- year old, relasion etc... etc...