In some states and countries she could apply for emancipation. If it isn't available in her jurisdiction, there are limited choices. If she is unsafe, she should contact social services.
you have to fight for custody
You would need to petition the court in the county of jurisdiction (where the child legally resides) for a custody order. Once one is established, the parents would have to fight it out in court for any modifications including removing custody of the parent who currently has physical and presumed (thus legal) custody. The judge will ultimately rule what he or she feels is in the best interests of the child and that may include leaving the current custody intact while outlining visitation/support obligations for the non-custodial parent, rule for joint custody, or transfer custody to the other parent.
If the other parents still resides in the jurisdiction of the original order, they can fight to have that state retain authority over the case.
their parents either send them away or they get in a fight
What do you mean by Bad Tricks? This can be interpretive.
Generally, yes. However, custody is a complicated issue and is generally determined by a judge.If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.Custody orders are made part of a divorce when there are minor children of the marriage. Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order.Generally there are two types of custody addressed by courts:Legal Custody: Legal custody refers to making major decisions in your child's life such as medical and health related decisions, education, and welfare.Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.Sole LegalOne parent has the right to make any decisions that affect the child.Joint LegalBoth parents have the right to be involved in decisions regarding the child.Sole PhysicalThe child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.Joint PhysicalArrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.Generally the phrase full custody is used casually to refer to a parent with sole legal and physical custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custody means the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.
Well, there is many different things you could do. First it depends on weather or not the child sees their parent or parents on a regular basis. If so, then full custody might be an issue. If not then you will need to talk to Family Services. If the child has been "abandoned" for a certain amount of time, you may be able to gain custody fairly easy. Then of course there is the hard way, in this case you will need to get an attorney and talk to him/or to make sure that you have a case against the parent. Your attorney would help to "fight" for custody. In certain cases, if the child is of 13 years or older, they have a voice in the court and can state why they don't want to live with their legal parent/parents. This could also help to gain custody.
Yes, either parent can take a child if there is no custody agreement set into place yet. The father will need to hire an attorney and fight the mother for custody in court if he thinks she is unfit.
It depends on the State the parent and child reside in, the State the temporary legal guardianship was signed in, and weather or not a judge was involved. Usually a temporary guardianship is revocable by either of the natural parents, either by having a revocation notarized or by simply writing on their copy of the temporary guardianship form that such guardianship is being revoked with a signature and date of revocation. This is then presented to the temporary guardian and the child is turned straight over to the natural parent who now wishes guardianship returned to them. The temporary guardian can fight the issue and get the courts involved, but the vast majority of time things go the parents way in these regards. Again, it all goes back to circumstance and especially the State where this is all taking place. I would suggest googling "temporary guardianship rights", or see if you can look up the specific legal codes on guardianship in your state.
Unfortunately, if family services has become involved, he may have to fight for custody. Either way, he has to petition the court. see related link
AnswerDo it the legal way and have her served. You will need to file the proper custody paperwork at the courthouse, then wait until she is served. Once she has been served, take the children legally. Get a lawyer and be prepared for a fight.Yes. Until a custody order has been issued by the court both parents have full rights to their biological child/children. The other parent must be notified of the child's/children's whereabouts and be allowed reasonable visitation. Likewise, as noted, in Washington State the filing of a parenting plan is usually required. As long as the proper procedures are followed the court will not look unfavorably upon either parent. However, it is not in the child's/children's best interest to be removed from the family home unless the circumstances are such that their well-being is in jeopardy.
Your grandparents could fight your parents for custody.