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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

Is child support considered income when living in section 8 housing?

Filing for child support and receiving a housing choice voucher (section 8) have nothing to do with each other. However, some housing authorities may require for you to apply for any benefits to which you are entitled.

How do you get your child back after your rights have been terminated?

A petition is made to the family court and a hearing is held. Parent(s) can relinquish their rights so the child can be adopted or made a ward of the state. But unless the child is adopted the parent(s) will not be relieved of their financial obligation. Even if the child is in foster care, the state has enforcable laws to make the parent(s) pay child support. What if both the parents agree to the father giving up his rights. They were never married and his has not ever given anything monetary or even seen the child personally for 5 years. The mother has been raising the child herself. A form was written up by both parents and notarized for the father to give up his rights. What would be the next step to make this complete and is this possible since the mother does not seek any child support from him for the raising of the child.

Can a man give up parental rights in the state of VA to avoid child support?

Any parent can give up their parental rights and a lot of them do simply because they believe that once they do, they will not pay child support.

This is not the case.... Many states will schedule an investigation in order to find out the reason for giving up parental rights.

Also, in many cases, you will still PAY child support even if you have surrendered your rights.

Can you get custody of your daughter who doesnt want to live with her lesbian mum?

A: If you have $20,000 for legal fees, you can. Depends on the age of the child, circumstances of the divorce/separation.For instance in the US,In custody cases involving children under 13,the judge decides who is the better fitting parent. Above 13, the child chooses. Also, her being a lesbian has no bearing on custody.

If you need support there are several support groups for fathers online.

A bit of advice though: Make sure you do whats right for the child ;)

What is a example of a legal petition?

It is the petition where any person can give a formal request to the court which commence an action.

Who decides the babies name?

There is no law, or statement that says that the Mother, Father, or guardian, one of these people, that says one of them gets to choose the babies name. To answer your question, there is no certain person that chooses the babies name, its the name that the couple or person, decides, or agrees on. In fact I know of two people, the first one, their name was chosen from a song, the other, their older sister chose the name. So, no certain sex or person gets choice of the babies name. It is a joined decision, or if it is a single parent, it may be their decision.

What age can a child refuse to visit non custodial parent in Mississippi?

Age 18. Encouraging them to dishonor the court is never a good idea, and has led many a young man to grow up believing it's okay even in child support cases. It also can be considered a form of Parental Alienation, which could cost you custody.

How can you reverse your child custody order?

You usually have a chance to appeal this decision, but once that appeal is final, there's no undoing the termination.

Depending on the precise situation, you may still be able to have visitation with your former children while they are in foster care and get adopted, but at this point these visits would be totally the decision of the social worker/adoptive parents (generally advised by the children's therapist/foster parents).

How can you get temporary custody without a hearing or letting other parent know?

It is not necessary to obtain a court order to permit a friend or family member to care for your child temporarily (less than three months). You will need to give written permission allowing the adult who will be caring for the child/children to obtain medical care if needed and oversee any school issues if applicable. You MUST keep in contact (at least once a week) either in person, by phone or written correspondence with the caregiver and if applicable the child/children. You must also provide child support preferably as a written agreement with the caregiver as to what if any compensation is required. You should be cautious in signing anything that does not specify the exact terms of the temporary custody agreement.

How old do you have to be to choose who has custody over you?

There is not an age at which a minor is allowed to choose where or with whom they wish to live. A judge may speak with an older teen concerning the issue, but the decision will be based upon the what the judge feels is best suited for the optimate well-being of the child or children involved.

Why child rights are important?

All of the right stated in the constitution belong to both adults and children. For instance, if i am 13 yrs old, which i am not, i have just as much of the right to bear arms as a 50 yr old. Children have the same if not more right as an adult.

" Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young,[1] including their right to association with both biological parents, human identity as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child.[2] Interpretations of children's rights range from allowing children the capacity for autonomous action to the enforcement of children being physically, mentally and emotionally free from abuse, though what constitutes "abuse" is a matter of debate. Other definitions include the rights to care and nurturing.[3]

"A child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier."[4] According to Cornell University, a child is a person, not a subperson, and the parent has absolute interest and possession of the child, but this is very much an American view. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children.[5] There are no definitions of other terms used to describe young people such as "adolescents", "teenagers," or "youth" in international law,[6] but the children's rights movement is considered distinct from the youth rights movement.

The field of children's rights spans the fields of law, politics, religion, and morality."

Quoted from:http://en.wikipedia.org/wiki/Children's_rights

Does a 3 year old child's biological father have any rights if he is not on birth certificate or any other document but the mother has abandoned the child with him?

No, the father, if not on birth certificate does not have any rights what so ever, unless he takes you to court for a DNA test, and proves he is the father then he does not have any rights. If the space on the birth certificate is left blank then what you could do if there is another man willing to take over the right to be the father, you can go back and name the father on the birth certificate, and he will be named the father, and will hold all responsibilies!

Yes. The biologial father has all his parental rights until he is deprived of those right by judicial or legal process. The above answer confuses EXERCISING parental right and HAVING them.

Of course, the question is not specific enough to make the answer accurate in all situations. For example, if the the biological father impregnated the woman while she was married to another man, and her husband raised the child (knowingly or unknowingly) as his own for the period of time set by state law, a legal presumption would arise that the husband is the father that could not be challenged by any person (even with biological proof that someone else is the father). Thus, under those facts the biological father would have no rights.

If you have 50 percent custody but don't have your kids 50 percent of the time do you still have to pay child support?

Based on North Carolina Law and Florida Law, if you can prove beyond a reasonable doubt that you have 50% custody awarded to either spouse, child support will be shared by both parents and in the event of tax time either spouse can claim the child as a dependent upon agreement through the court or the IRS will fine one of you for the deduction

Does a father have to return his child to the mother if there is no court order in Illinois?

If married, No. As for single fathers, they have no legal rights to the children until their paternity has been established, of course.

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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

Do grandparents have rights in a custody battle?

That depends on why the mother lost custody in the first place. The court must have granted the grandparents custody for some reason. If they have custody now you have to apply in court for the custody to be moved.

Can you file for temporary custody?

Go to the Clerks of the Court at your county court house. Ask for papers for temporary custody. They will steer you in the right direction.

Can a noncustodial parent stop the custodial parent from moving out of the country?

i think the real question is whats best for the child which i think is too often not asked - if your job keeps you away from a young child for long periods of time, if its possible you could be deployed without your child, then perhaps its best for the child to be with the other parent - rather than think what you want please do consider the best interest of the child - please do talk it out with the other parent and your child and do whatever is the best thing for all

Is it a law that you child that is 13 can pick what parent they want to live with?

Although each state law may differ, no child of any age may usually "pick which parent they want to live with". If the parents cannot reach an agreement, the court will decide after hearing evidence from both parents. In some states and some instances, the judge may interview the child if it is determined the child is sufficiently mature. The judge is looking for information and is not likely to point blank ask the child "Which parent do you want to live with?"

IS it legal to kick your 13 year old child out of the house if the child doesn't follow the parents' rules?

uhh no im pretty sure its terribly illegal, they are to be in your care until they are 18. but there isn't a law against threats about kicking them out

When a mother dies intestate and her only child was adopted at birth are there any inheritance rights?

A legally adopted child is considered the parent's child just as much as if they had given birth to that child. So being adopted does not affect the rights or the heirship of the deceased parent's house and assets, even if they have biological children, as well.

What does matter, is the state's laws regarding heirships with or without a will. You need to consult an attorney if there is no will to see what your rights are.

Who is a child's legal guardian?

The married parents, the parent with legal custody, or any other adult who has been appointed the legal guardian by virtue of a court order.

In certain legal matters a parent may be required to be appointed a child's legal guardian in order to represent the child in matters of estate such as when a child inherits property or receives a monetary award.

Can you go to jail for not paying a court ordered suit?

Absolutely not. It is not unusual for a judgment to be awarded to a creditor, but it cannot be "satisfied" because the debtor is deemed judgment proof. Meaning the person has no assets that can be seized for the amount of the judgment. However, in most cases judgments are renewable. Creditors may continue to do this, based on the premise the debtor at a future date will have property or income the judgment can be executed upon.

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