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In most cases the father can get custody of the child if the mother is unfit. The courts want the child to be in the custody of the parent who can provide a safe and nurturing life for the child. It is best to seek the legal assistance of a lawyer for custody issues.
Wiki User
∙ 9y ago
Wiki User
∙ 12y agoYes, if the mother is proven incapable of taking care of the child(ren).
To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
Wiki User
∙ 12y agoYes. The biological father would be the next logical choice unless he has had problems in the past and has been declared an unfit parent himself. He can petition for sole custody and must provide compelling evidence to the court to prove the mother is unfit. The court will appoint a guardian ad litem to investigate and report back to the court. The judge will make a decision that is in the best interest of the child.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
Wiki User
∙ 12y agoHe would need to provide compelling evidence that the child would be better off with him.
Wiki User
∙ 11y agoNo he can not.
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How does stepmother with POA sign over deployed father's parental rights back to birth mother?
Custody, not parental rights.
Can a handicapped mother sign custody over to a live in boyfriend when the father of the child wants custody?
No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.
How often is the father awarded custody of the child over the mother?
How often is the father awarded custody of the child over the mother in North Carolina?
What rights does an American father have over his son when the divorce states mother has sole custody but father is required to pay support?
none except standardized visitation.
Does a step father with power of attorney hve custody rights over the biological father?
No he does not.
Would the father of the child be able to go to South Carolina and sign out his daughter from school and take her to Georgia and get temporary custody?
You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.
When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?
Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.
How does stepmother sign over deployed father's parental rights back to birth mother?
If you're referencing a custody change, you need power of attorney.
The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?
He can still gain custody as the presumptive father.
If you have never been to court for custody do you have to sign over your rights?
only the mother does
How can you adopt your niece when only the mother signs her rights over?
You need the father's consent. If he does not consent then you will have to petition the court and there will be a hearing at which the father can explain his objections and also request primary custody. You should consult with an attorney who specializes in guardianships and custody issues.
Father and mother never married children born in Florida father now lives in Georgia does he have to legitimize them in Georgia to have them come live with him?
If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.
