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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

How do you get parental rights terminated?

File a Termination of Parental Rights petition in the appropriate state court in the county in which you live or the child resides. Courts do not take the granting of the relinquishment of parental rights lightly and will not allow a TPR request to be used as a means for a biological parent to escape his or her financial obligation to the child or children.

In the UK can a 16-year-old leave home without their parents' permission?

The answer to your question is that a person should only leave home at 16 with their parents consent However if they leave home with out it they wont normally be forced to return provided the Police know they are safe. In some circumstances the Parents can make the child a ward of the court and the court will then make decisions on their welbeing IE if at 16 achild leaves to livewtih and older Adult in a relationship.

This is the advice given to me as a youth workedr By the Police and a solicitor.

Who has legal custody of minor child in Colorado when parents have never married?

An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.

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 must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test.

A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

What is it mean to have custody over someone?

Basically it means getting to be the legal guardian of children.

For example, if a couple divorces and the mother is given custody of the children, she then becomes the children's legal guardian and they will usually live with her, often with visits from the father.

Can a father in Mississippi relinquish parental rights?

Under certain circumstances parental rights can be terminated in Mississippi. This is usually initiated by the state in due to abuse, neglect, or abandonment of the minor child. The termination of parental rights stops a biological parent from visiting or having any kind of legal say so in effect to the minor child.

What can a father do to stop the mother taking his child out of the country?

The mother can't really stop the father unless there was an agreement with a judge. The father does have a say in what he does with his children too, but if he is planning on not coming back or the children are in harm, then the mother would need to contact the local authorities.

If a parent does not exercise his visitation rights what happens?

You go to the court and file a violation of a court order. You will both be served the petition and have to go back to court and that's when you explain to the judge he hasn't been showing, and the judge will deal with the situation on the assigned court date.

What are the requirements to become a legal guardian of a child?

Most states require guardianship petitions to be filed by an attorney licensed to practice in the state where the action is is filed. In states that allow "self-help" the person(s) wishing to obtain guardianship of a minor child file a petition in the circuit or superior court in the city or county where the child resides. The petitioner(s) are required to pay all court costs and accompanying fees. In cases where a minor child/children have been removed from parental custody by the court a GAL is appointed to represent them until the court appoints a legal guardian. When this applies any acceptable family member or interested party may file a request to be appointed guardian and will not need legal counsel nor be required to pay legal fees.

What do you do if the other parent takes the child out of the country without your consent?

One parent is not allowed to take the child out of the country with out court approval, and/or consent of the other parent. So, talk to your attorney, child services, or you can even call the police and file a charge for kidnapping, if the child is underage.

See related question link.

How does a mother gain back custody of children when she is found unfit by family court?

You do not take custody of a child from a mother who you think is an unfit parent. You petition a court to make a determination that the parent is unfit and grant custody or a guardianship to you. See related link regarding the factors a court considers in determining a parent to be unfit.

What happens when a father doesn't pay child support?

The debt remains "owed" even if the child attains age 18. Until every dime is paid, the person liable for making those payments is required by law to continue. Doing otherwise would be in contempt of court, and could result in heavy fines and/or prison time.

What do dads like best?

== == anything cheap!!!!!!!!!!!!!!!!!!!!!!!!!!!!! buy anything under 10 dollars or they will freak! * Ties * Gift Certificate to a Golf Coarse or Favorite Sport's game. * Spending time all together as a family. * Spoiling dad for the whole day and making him a delicious dinner. * Make something for him - both parents love when they get things made by their own children's two little hands. Plus it's more personal - because it took some effort to think about it, and some time to complete it. You can make cards, little books about fun times with you and your dad, draw pictures, paint pictures, give him a few vouchers (although this works better with him) in which he can turn them in to have you take over a few certain chores, help him with a project, or help with relaxing (maybe a voucher saying "One free evening to watch your favorite TV shows without me interrupting." and others), etc.

Can child protective services override a judges order?

CPS Agents believe themselves to be God and think that their authority can trump all others. But they are not, and they are supposed to comply with court orders.

What age can child pick which parent to live with?

Many times, a child can pick which parent they want to live with around the age of 14. It will depend upon both parents and if the judge doesn't think they should move.

Can a mother who is a non us citizen get custody of a child with us citizenship the father also has us citizenship?

It depends.

In pakistan, the father has the custody.

In US, both parents would be considered for custody, however case is stacked against father from get go based on his illegal status in US. However if mother is considered as responsible parent (based on her past), she might not have a problem wining the case.

Can your husband take the child without permission and without telling his wife where they are going after a big fight?

Yes. A husband/father does not need his wife's permission to take their child. If he leaves permanently she has recourse but not for a short term absence after a marital argument.

Can a judge order a parent to allow their child to travel out of country with the other parent against their wishes?

The US State Department's web site says that, generally speaking, both parents must consent in order for a child to obtain a passport. However, among the exceptions to the rule, they do state that they will accept a court order specifically authorizing the travel in lieu of one parent's consent.

This is not, technically speaking, exactly the same as what you asked, but the net effect is the same: a court can allow a child to travel internationally even if one parent objects.

Note that "can" is not the same as "will." The details do matter, and you should retain a lawyer in order to protect your rights.

(Another exception is that if one parent has sole custody, the other parent's opinion is irrelevant: the custodial parent has to give consent and produce the court order granting sole custody; nothing else is needed.)

What if the child of 12 is being left alone with brothers and sisters under the age of 7?

The situation should be reported to the child protective services. The parent may need help and they need to be informed about child endangerment. Leaving small children under the care and supervision of a child is considered child endangerment in most jurisdictions and can result in the parent being declared unfit.

The situation should be reported to the child protective services. The parent may need help and they need to be informed about child endangerment. Leaving small children under the care and supervision of a child is considered child endangerment in most jurisdictions and can result in the parent being declared unfit.

The situation should be reported to the child protective services. The parent may need help and they need to be informed about child endangerment. Leaving small children under the care and supervision of a child is considered child endangerment in most jurisdictions and can result in the parent being declared unfit.

The situation should be reported to the child protective services. The parent may need help and they need to be informed about child endangerment. Leaving small children under the care and supervision of a child is considered child endangerment in most jurisdictions and can result in the parent being declared unfit.

Can minors choose what parent to live with if the parents haven't been married?

AnswerTechnically, unless you are eighteen, you cannot fully decide for yourself which parent you will be allowed to live with. However, children (usually aged thirteen and older) have petitioned the courts to have change custody from one parent to another.

Be aware that the judge will look at various aspects, not just what you want. Why exactly do you want to live with your other parent? Is your current custodial parent in any way abusing you or preventing you from going to school? If your mad because your one parent won't let you date or drive a car and living with your other parent you could, a judge probably won't see the need to change custody.

The judge will look at your grades, your school attendance, any criminal history on your part. He will also see how mature you act and ask you why you feel your home life would be improved living with your other parent. He can and may hear testimony from both your parents about how they feel about the situation.

Do you have to pay support if child does not live at home?

It depends on your jurisdiction. In the United States the parents are required by law to support their children. If the grandparent has custody the child support payments must be paid over to the grandparent. It's your child and you should support her.

Do you still have to pay child support if your 16 year old daughter gets pregnant and drops out of school?

Yes, you have to pay until she is emancipated. Dropping out of school and being pregnant makes no difference as long as she is a minor.

Does the father have to see the child if they will not pay child support?

Regardless of whether child support has been paid, the NCP has the right to visitation as it is designated in the custody agreement, even if the custodial parent has "sole custody". The father should refer to his custody order for the child(ren). Depending on the division of custody, the noncustodial parent's (NCP) can vary, but it most always is spelled out, such as just as an example- Father shall have every other weekend starting at 6pm to Sunday at 6pm and the following holidays: etc. etc..: The NCP (father in this situation) can take the issue to court to petition against the CP (mother here) for withholding visitation.

In this situation, the NCP should continue to pay the child support faithfully and punctually as while this is NOT suppose to factor into visitation, it does look good when standing in front of the judge.

California child custody laws?

Go to: http://www.leginfo.ca.gov/calaw.html Typically, it is very difficult without an adoption pending. However, the link above is the place to research actual code. Here is a sample below: SECTION 7822.3 3) One parent has left the child in the care and custody of the

other parent for a period of one year without any provision for the

child's support, or without communication from the parent, with the

intent on the part of the parent to abandon the child.

Can a father get full custody of the child if the mother has mental problems?

Depends on what mental problems. Unless they are so severe they make her a unfit parent the judge will not remove the child from her.

This is very true, but there have been many cases of ex husbands attempting to prove the mother mentally unfit that there became a legal tolerance level allowing SOME mental instability acceptance. It would have to be a doctor that the mother has allowed complete permission to have diagnosed and reported to the courts, but it's a very touchy circumstance and often the children are the ones who fall through the cracks. I've yet to see a battle over a child where the parent does it for genuine love and concern. If either were the case, then the husband should help find a way to support the mother and still be able to have part custody.

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