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A biological parent is automatically the legal guardian of his or her minor child unless they voluntarily relinquish parental rights or the court terminates those rights to their child. Temporary custodial/visitation/support issues are decided at the time divorce papers are filed, the permanent decisions are finalized at the time the divorce decree is granted.

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16y ago
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12y ago

No. In the United States if the parents are married and the biological parents of the child each has the same parental rights. Neither has the right to take the child from the other.

No. In the United States if the parents are married and the biological parents of the child each has the same parental rights. Neither has the right to take the child from the other.

No. In the United States if the parents are married and the biological parents of the child each has the same parental rights. Neither has the right to take the child from the other.

No. In the United States if the parents are married and the biological parents of the child each has the same parental rights. Neither has the right to take the child from the other.

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14y ago

Termination of parental rights typically occurs when a court finds a parent to be unfit, or preparatory to an adoption.

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12y ago

No. In the United States if the parents are married and the biological parents of the child each has the same parental rights. Neither has the right to take the child from the other.

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Q: Can a parent give up parental rights to a child even if parents are still married to each other?
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Can a parent take a child out of NY without the other parents consent?

Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.


Is the non custodial parent or grand parents legal if the custodial parent is not present?

Parental rights are paramount to "grandparents rights". In most jurisdictions there are no such rights.


In the state of Wisconsin do step parents have rights to step children if the custodial parents have fifty fifty custody and placement?

A step parent does have some rights, but they are extremely limited. In Wisconsin, step parents do have rights regarding day to day care, BUT their rights are subject to the wishes of the biological parent that they are married to. As regards parental rights, a step parent is not considered a parent, but a legal guardian. In all major decisions (custody) or major events, a step parent does NOT have rights, nor can they contest a parent's rights in court unless they can prove a danger to the child would occur. In fact, a step parent who interfears with a biological parent's rights in any way can be held in Contempt for doing so. In ALL matters regarding the children, the rights of the step parent is ALWAYS trumped by either biological parent, unless a judge interseeds. In joint custody arrangements, both parents have equal rights, no one parent is above the other, no matter who has the children more, and a step parent cannot be a tie-breaker unless both parents agree. Only a judge, federal law, or state law can overrule or remove a biological parent's rights. The bottom line is the rights of a step parent in Wisconsin are VERY limited and are always subject to the biological parents.


Does the parent still have financial obligations after signing over parental rights?

Termination of parental rights does not, in itself, terminate child support.


How long does it take to sign over your parental rights?

It depends on which state you are in and under what circumstances you are signing your parental over for. In some states, you cannot sign over your parental rights unless the other parent is remarried and the step-parent is willing to adopt the child.

Related questions

Can a parent keep a child from the other parent in the state of Georgia prior to a divorce?

No. Married parents have equal parental rights until they are affected by a court order.No. Married parents have equal parental rights until they are affected by a court order.No. Married parents have equal parental rights until they are affected by a court order.No. Married parents have equal parental rights until they are affected by a court order.


Can a parent take a child out of NY without the other parents consent?

Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.Yes. Married parents have equal parental rights and one parent has no right to restrict the movements of the other with the child.


What is child custody laws in Georgia before divorce?

Prior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.


What states restict a custodial parent from move out of state withou the noncustodial parents consent?

All states restrict the removal of a child by one parent when both parents have parental rights.All states restrict the removal of a child by one parent when both parents have parental rights.All states restrict the removal of a child by one parent when both parents have parental rights.All states restrict the removal of a child by one parent when both parents have parental rights.


Can one spouse keep the other spouse from seeing the child if they are not yet divorced?

No, not without a court order. Married parents have equal parental rights.No, not without a court order. Married parents have equal parental rights.No, not without a court order. Married parents have equal parental rights.No, not without a court order. Married parents have equal parental rights.


What if a custodial parent gets married can you file to have the uncustodial parents rights relieved?

No, you cannot remove parental rights by applying to the courts. A biological parent may relinquish their rights, but you cannot force them to do so. Nor can you apply to terminate their rights unbeknownst to them.


What are the rights of parents that have signed over their parental rights?

no rights none until the child is older and the parent can explain the reasons for giving up parental rights and then it is up to the child to make a decision to have a relationship with that parent


Is the non custodial parent or grand parents legal if the custodial parent is not present?

Parental rights are paramount to "grandparents rights". In most jurisdictions there are no such rights.


How do you get parental rights if you have never been married?

You get parental rights by being the parent of a child. Marriage has nothing to do with it. If the other parent won't allow you contact with your child, you must file in civil court.


Can one parent put their child in foster care?

Not as long as both parents have parental rights. If one parent gives up his parental rights which is required when putting a child in foster care, the other parent is the first one in line to take the child since she still have her parental rights. This assuming both are fit to parent. If the parents are not married and the father has not proved paternity in court and got his parental rights he should do so asap and then he has rights to the child. The social workers usually ask relatives first if they are interested in taking the child. There is a shortage fo foster families and staying with family is considered best for the child.


Do child support rights and obligations differ if the parent is unmarried?

Child support does not depend upon the legal relationship of the parents - instead, it is based upon the relationship between the parent and the child. Thus, parents who are unmarried are still parents and have the same parental rights and obligations to their children as a married or divorced couple would.


Can a married parent move children to another state without the other parents consent?

Yes, but if that parent still has parental rights they must still be allowed to excercise those rights including visitation rights. If the purpose is to deprive one of the parents from being able to exercise those rights there could be some serious legal consequences.