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If the father of the children has not paid child support and showed no interest in this particular manner (not just good enough he shows up at the door to see the children) then yes, the mother has every right to move where she wants. If the father has been paying support and can prove it, then it's best to seek legal counsel and he should get part custody of the children.

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Q: Can the mother take the children out of state if the parents are not married and there has been no custody appointed?
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In New Mexico who has custody of children if the parents are not married?

The mother assumes automatic custody, unless she is unfit.


Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?

* If the father has full custody of the children, yes. * If he has partial or shared custody with the mother, it may be a violation of parental rights; that area is quite dicey, so talk to a lawyer. * If the father has no custody but does have visiting rights, then again, talk to your lawyer. * If the father has no rights to the children, then there is no crime committed.


Can a father take a child out of state if the parents are not married and there is no custody appointed?

Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.


Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?

Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.


Can your fiance get temporary custody of your children with a power of attorney form?

No. Custody must be granted by a court order unless the parents are married. If you are unmarried and want to give temporary custody of your children to your "fiance" it must be done through the court. You haven't mentioned whether the "fiance" is the father of the children.


Can your spouse soon to be divorced tell you what you can and cant do with your children if you are the primary care giver but have joint custody and live in different states?

No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse.No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse.No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse.No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse.


Who has custody of the children if you're not married?

Mom. Dad must establish his paternity legally through a DNA test. Once established he can request visitation and custody rights and pay child support if the mother will retain physical custody.


Can grandmother have custody if parents never married?

Only if the parents are found unfit does the grandparents as well as other relatives have a chance for custody.


What is it called when a mother and grandmother has legal right of a minor child or can that be done?

Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.


Can a mother take her children from a father and keep them at her parents house?

You didn't provide enough detail. The answer depends on the marital status, whether paternity has been established if the parties were not married and whether the father has custody rights. If he has custody rights she is not allowed to just take them. If they are married they have equal rights to the children.


If parents get imprisoned without arranging custody for their children who gains custody in this case?

It depends on the state, usually the state takes the children into custody, or the closest family relative.


If you are 17 and are married are you automatically emancipated from your parents custody in North Carolina?

no