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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

Does a terminally ill non custodial parent still have to pay child support?

Only a judge can decide this, and it only applies if the child is in continuing education.

How does a father go about getting parental rights to visitation in Texas?

If the father was not married to the biological mother at the time the child was born paternity must be established before the court will hear any petition (lawsuit) concerning custodial rights and/or visitation. Most courts will accept a birth certificate naming the father or affidavit of such by the biological mother and father jointly. If such methods are not available or acceptable to the court of jurisdiction a paternity test is needed, preferably DNA testing as opposed to a blood test.

The proof of paternity can be submitted as evidence at the time the lawsuit for custodial and/or visitation rights is filed.

What rights do you have being the custodial parent and wanting to move out of state and what rights does the father have to keep you from moving?

That's a decision that only the judge can make, based on state law. If it appears to the judge that you're just trying to get away from the father, you had better have a good reason. If it's a legitimate reason to move, such as a better job or you need to be closer to family for support, the judge will probably allow your request, since a judge will be hesitant to mandate something as basic as your freedom to live where you want. But in the end, it will depend on the father's arguments and your reasons for wanting to leave the state and the state laws.

How do you get over the father of your kids?

Carefully. It's not just about 'getting over' him, but also about being able to work with him when needed (assuming you are still in touch about your son).

Try to rid yourself of some daily routines that remind you of your child's father and the time you were together. Try to pick up some new hobbies, a new look, etc. Don't forget to NOT let that energy pass on to your son; he shouldn't think that you do not love him because you are trying not to love his father romantically.

How do you revoke temporary guardianship?

A legal quardianship can only be created by a court and only that court may modify or extinguish it. You should speak to a clerk at the court where the guardianship was allowed and review the decree. Perhaps there is a termination date.

What is the youngest age a child can testify in a Pennsylvania family court?

Rules in Family Court are looser than in criminal courts and the minimum "age of reason" is usually set at about 7 years of age. Family Court judges customarily try to keep the affected children out of court actions altogether since they don't want them being used as "pawns" in the parents battles. However the decision to call them for testimony, and how much 'weight' to give to their testimony or desires, lies completely with the presiding judge.

How long can a parent go without seeing a child before its considered abandonment in the state of Michigan?

its not about how long it is its your reason if it were abondonment you would

have left it on purpose and if you do leave it on purpose then it takes about 1 or 2 years

but you would have to be doing it deliberetly.

Added: In regards to child support issues there is no such thing as 'abandonment." As the legal parent you have a legal obligation to support the child until the statutopry time-limit set by law for your particular state. You will not escape responsibility for paying child support by declaring that you "abandoned" the child.

What if the mother leaves the state with child?

A mother who has sole custody of a child may leave the state with the child. If the mother shares custody, she has to have consent for the other parent or the court before leaving the state with the child.

Can a parent who has sole custody move out of GA state with the child?

If you have joint custody, you cannot move out of the state with the child without the other parent's consent. Even if you have sole legal custody you cannot interfere with the other parent's visitation rights by moving. The visitation order must be modified. Absent the consent of the other parent, you need the permission of the court.

Ok your 14 years old and your parents share custody its week to week you dont want to live with your dad anymore. you have told him and he tells you it will never happen. can he stop you from moving?

Yes, the parent who has custodial rights can forbid you from moving in with the other parent. (Same if the custodial parent is the mother.) Typically, custody only goes to the father if there are problems with the mother taking care of the child. So the Court may be reluctant to change custody, since the Court would have access to facts that you might not know. Try to talk to both your parents so you might better understand their decisions.

Can a non custodial parent get custody when they pay child support?

of course, you deadbeat!

The law only requires you to pay the child support,you are not required by law to see the child or even the custodial parent....it is a choice not a requirement..

Can an 18-year-old receive the child support payments if they move out of the custodial parent's home in Texas?

The age of majority in Texas is 18 so the young person is responsible for their own support. Interestingly there has just been a case here in Britain where a young woman has sued her father for support at University as he did not pay the mandated child support to her mother when she was a minor, so the mother was unable to save to put the daughter through college. In the US the terms of the child support order determines what action, if any, can be taken concerning the date and method of payment, when the support ends, if the order can be changed by self modification and so forth. That being the case, the young adult might or might not be entitled to continued support.

If one parent has sole custody of a child and that parent dies will the living parent get the child?

I'm not a lawyer, but I would presume that providing the other parent is not of a position to take care of the child, or is banned by the court from having custodial care of the child then it would presume that the step parent would become primary caretaker, of course that is assuming no immediate family members who are still living may provide better care. Of course the law changes according to state/country.

Can non custodial parent lose child Mother get remarried does noncustodial parent lose their child?

No. If you have been determined to be the child's biological father you and the mother will have equal parental rights if you remarry.

How long does a man have to go without any contact with the child before you could file for sole custody and or terminate his parental rights?

There is no hard and fast rule. The Court must determine that it is in the best interest of the child that parental rights be terminated. Contact with the child is considered, but many other issues are also considered.

Can you lose visitation rights if you're not the biological father?

Generally, no. However, you have not provided any detail and there may be circumstances under which an unfit mother may lose custody to a step father who has been a stable parent to the child. You should speak with an attorney who can review your situation and explain your rights and options.

Does a parent still have to pay back childsupport once the child has a child of his own in Texas?

If you're in the US... Pregnancy/giving birth does not emancipate a minor, so yes, you are still responsible for child support (but only for her, not for her child of course--the responsibility for child support for her child belongs to that child's father).

At what age can you be arrested?

This varies depending on the laws where you live. In much of the US, a child 6 years or younger is presumed to be incapable of forming the intent to commit an act that would prompt an arrest. Children 12 and up are presumed to be old enough to do so. Between those ages, it depends on the child and the act.

Can a dad get custody of his child if neither parent has custody?

Once you are pregnant your options are as follows:

  • have the baby and become a full time parent
  • have the baby and give full custody to the father
  • have the baby and share custody and responsibility with the father

What if the custodial parent gets a job making more money does the amount of child support go down?

The answer depends on the formula used to calculate child support in your jurisdiction. Generally, most states rely on a formula that uses a percentage of the non-custodial parent's wages so if the custodial parent gets a raise in pay it may not offset the NC parent's obligation.

You can perform an online search to find the guidelines in your jurisdiction using your state + child support guidelines.

The answer depends on the formula used to calculate child support in your jurisdiction. Generally, most states rely on a formula that uses a percentage of the non-custodial parent's wages so if the custodial parent gets a raise in pay it may not offset the NC parent's obligation.

You can perform an online search to find the guidelines in your jurisdiction using your state + child support guidelines.

The answer depends on the formula used to calculate child support in your jurisdiction. Generally, most states rely on a formula that uses a percentage of the non-custodial parent's wages so if the custodial parent gets a raise in pay it may not offset the NC parent's obligation.

You can perform an online search to find the guidelines in your jurisdiction using your state + child support guidelines.

The answer depends on the formula used to calculate child support in your jurisdiction. Generally, most states rely on a formula that uses a percentage of the non-custodial parent's wages so if the custodial parent gets a raise in pay it may not offset the NC parent's obligation.

You can perform an online search to find the guidelines in your jurisdiction using your state + child support guidelines.

What happens to a child that is left home alone at 9 years old in California?

There is none. However, authorities would expect that the child would be in a safe environment, feel like they were safe, and know how to handle emergencies and get assistance. Most place believe that 12 or 13 is okay to leave alone for a few hours during daylight hours.

Can a notary public notarize a family member's document in North Carolina?

According to the National Notary Association:

Most state laws do not expressly prohibit notarizing for a relative. However, Notaries who do so in many instances will violate statutes prohibiting a direct beneficial interest. For instance, if a Notary is asked to witness her husband's signature on a loan document for the purchase of a home they will share, she will directly benefit from the transaction and should disqualify herself.

The likelihood of a direct beneficial interest is usually greater with immediate family members -- spouse, mother, father, son, daughter, sister or brother -- than with non-immediate, such as in-laws, cousins, nieces, nephews, aunts and uncles. The matter of interest in an inheritance is more often a consideration with lineal descendants (children, grandchildren, etc.) and ascendants (parents, grandparents, etc.) than with nonlinear relatives.

In many instances, a Notary will have no beneficial interest in notarizing for a relative and will not be prevented by law from doing so. However, to avoid later questioning of the Notary's impartiality, as well as accusations of undue influence, it is always safest for a signer to find a Notary who is not related.

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