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It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.

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8y ago
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19y ago

It is not likely the court would grant custody to a parent with no means to support the child(ren). Unless there are unusual circumstances in the situation. One of the main concerns of the court is the children are adequately provided for in terms of shelter, food, clothing, medical care, etc. As well as being loved and nurtured.

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6y ago

The father would need to provide compelling evidence that the mother is unfit and the children would be better off in his custody. That is not likely since the father has no job and therefore cannot support the children.

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Q: How can a father gain custody of his children from the birth mother without having a job?
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Is there a difference in a parent who has custody of the children but not married vs the parent that does not have custody and is getting married and is fighting for custody of the children?

Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.


What if a mother goes away with another man and leaves her children with father for 5 daysshe is having an affair and is going out of state..?

There is no law that stops the mother from going away with another man and leaving the children with the father. However, these circumstances would make it difficult for the mother to win custody of the children in court.


Can an unmarried father with a prison record gain custody of children?

Hell yes! I had a record when I was 18 - I'm now 74 and have been raising children ever since. Having a record doesn't make you unqualified to raise children.


If your son father name is not on the birth certificate and the child is carrying your maiden name and is living with his father means that now the father has sole custody of the child?

Do the kids make fun of him for having your maiden name? Did you give him custody of the child? Is he his guardian? If so, then yes.


The father has sole custody but wants to give custody back to the mother of a very unruly child who wants to live with his mother anyway How can he do this without her come after him for child support?

The only way would be to do a personal agreement between the mother & father, ideally having it filed with the court. However, at any time, either parent can utilize Child Support without the other parent's consent. If the Mother spends more time with the child than the Father, she is most likely entitled to child support.

Related questions

Do you have to drop off your children if the custody order is not signed?

No, you don't, but isn't the greater concern the children having access to their father?


Does having sole custody mean you can claim your kids and the father cannot?

As long as you have the children 51% of the time. Custody is not an issue regarded by the IRS.


Can the mother who has full custody stop the father from having a say on how the children are raised?

Yes, but I teach fathers how to change that.


Is there a difference in a parent who has custody of the children but not married vs the parent that does not have custody and is getting married and is fighting for custody of the children?

Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.


Can a parent who has sole custody and father has legal custody take child out of country without consent of parent with legal custody?

You need a letter from the other parent giving permission. Otherwise you risk having difficulty either leaving or returning.


If mom is on welfare with no job can dad get full custody?

If the mother has interrupted her career more than the father for her children, surely she has the better argument for custody? Custody should depend on how the children are treated, not on how hard the mother found it/finds it to get a job. The father would probably have to work less when they have custody of the children anyway.


You are having problems with your late wifes mother she is trying to gain custody access what do you do as a father?

Does she want custody or access?


Can a child live with his father if the mother has parental responsibilty?

If a child's mother has sole custody then the courts have decided this and there is a reason for it. Generally, if the mother is a good mother (fit mother) then the children will be looked after by her with the father having partial custody to see his children. If the father is unfit, then the mother would have full custody. If you are the child asking the question and are upset because your mother has house rules and you don't always agree with them then this is not a good reason to want to live with your father. Your mother gives you these responsibilities so you will learn good characteristics that will make your life a whole lot simpler. You may not see that now, but will in the future. If this is the father asking the question and you have partial custody the courts have deemed it this way for a reason. If the mother is unfit and the father wants to take full custody then you should retain a lawyer asking for full custody.


What if a mother goes away with another man and leaves her children with father for 5 daysshe is having an affair and is going out of state..?

There is no law that stops the mother from going away with another man and leaving the children with the father. However, these circumstances would make it difficult for the mother to win custody of the children in court.


Is not having electricity a good reason for the state to take custody of your children?

Yes.


Can an unmarried father with a prison record gain custody of children?

Hell yes! I had a record when I was 18 - I'm now 74 and have been raising children ever since. Having a record doesn't make you unqualified to raise children.


How can my mother-in-law get custody of my children?

you can sign the custody over to her or she could go to a judge and try to prove you unfit to take care of them and prove her having custody in their best interest