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While rare it has happened. Typically, the noncustodial parent must have a criminal or abusive history and have had parental rights severely limited or terminated. The custodial parent (soon to be exspouse) must demonstrate a potentially dangerous environment for the child. And, the stepparent must have a parental relationship with the child. In short, the court must be convinced that such an arrangement is in the best interest of the child.
Wiki User
∙ 9y ago
Wiki User
∙ 14y agoDepending on court orders, and you might expect a custody challenge. As a fathers rights rep, this is a ticklish area for me. My first priority is the children having some normalcy after the loss of their mother, but barring any clear evidence of abuse, the goal should be for the two of you to work together to transition of the child into the care of the child.
Unfortunately, far too often, stepfathers get manipulated into believing the father is a bad guy, while the father is being told that you don't like him coming around and that you believe you would be a better father to the child. Neither of you than seek each other out to work together for the benefit of the child, which is exactly what the mother wants.
Wiki User
∙ 12y agoYes. This has occurred many times. When a stepmother is shown to be the more fit parent (usually through required psychological evaluation and testing), then she may be awarded primary legal and/or physical custody.
See related question link.
Wiki User
∙ 9y agoGenerally, no. However, a step-parent can obtain custody under limited extraordinary circumstances. The party should consult with an attorney who specializes in custody issues who can review the situation and explain the options, if any.
Wiki User
∙ 14y ago1st of all yes because the women ALWAYS gets custody of the child if u have a child and u get a step wife u ARE SCREWD! because if she leaves u she takes ur child YAY!
Wiki User
∙ 11y agoDepends on the circumstances. Legally step parents don't have any right to the step children. Speak to your lawyer about your chances.
Wiki User
∙ 11y agoNo, they actually have no legal rights to the step children at all.
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What can you do if you know a parent receiving child support but doesn't have custody of the children?
Encourage the person or persons with legal custody to file for child support modification or diversion of funds to them. If they do not have legal custody, that must be established or child support will continue to go to the person of record, the parent, in this case.
Can a relative file a child support for the absence of the mother?
The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.
Do you need to file custody papers for a child if other parent is on birth certificate?
in the state of north carolina if the fathers name is not on the birth certificate can he file for custody?
If a grandmother has the child and the parent did not sign custody papers can the grand parent file for child support in the state of North Carolina?
Yes who ever has the child legally can file for child support. But you have to demonstrate to the court that the child has been residing with you and you have the physical custody and you want to keep the physical custody and give the other parent visitation and joint legal custody. This is the fastest way to get things done and a direct answer lol.
How do you begin legal process to have non custodial parent to have custody you are 8 days from being 16?
The other parent has to file, and you have an opinion, but not a choice. see links below
If a parent wants a DNA test Can the parent file for full custody?
yea
What if the custodial parent hides the children from other parent?
If there is a legal order in place outlining custody and visitation rights for the non-custodial parent, the non-custodial parent may file an action against the custodial parent for contempt of court by failing to abide by that order. If the contempt continues, the judge may order a modification to custody giving it to the non-custodial parent, depending. If no legal order is in place, now would be a good time to file for one to protect the rights of everyone involved.
What if custodial parent leaves child with grandparent?
The non-custodial parent can file for custody.
Can you legally move if you have physical custody and a legal custody was never established?
Yes, however the other parent has up to six months to file an injunction to order the return of the child to the jurisdiction of the court pending a custody and access rights decision.
The custodial parent leaves the child for long periods of time with the non custodial parent making only very short infrequent visits. What can the non-custodial parent do?
The non-custodial parent should file for a modification of the custody order to become the custodial parent. If they have physical custody most of the time they also need to have legal authority over the child. They should visit the family court with jurisdiction over the case and ask to speak to an advocate. Or, they should consult with an attorney.The non-custodial parent should file for a modification of the custody order to become the custodial parent. If they have physical custody most of the time they also need to have legal authority over the child. They should visit the family court with jurisdiction over the case and ask to speak to an advocate. Or, they should consult with an attorney.The non-custodial parent should file for a modification of the custody order to become the custodial parent. If they have physical custody most of the time they also need to have legal authority over the child. They should visit the family court with jurisdiction over the case and ask to speak to an advocate. Or, they should consult with an attorney.The non-custodial parent should file for a modification of the custody order to become the custodial parent. If they have physical custody most of the time they also need to have legal authority over the child. They should visit the family court with jurisdiction over the case and ask to speak to an advocate. Or, they should consult with an attorney.
Can you have joint physical and legal custody?
Yes if ordered by the Judge. But usually they will have a primary residence. Visitation is listed in the order or the other parent. If you don't have an order of custody or it wasn't addressed, you can always file a motion to have it changed.
What can a non custodian parent do if a custodian parent still refuses to give with the chiild for visitation during the holidays?
If you have a custody agreement that states you are to have the child at specific holidays or alternating holidays, you can file a contempt of court action against your spouse in the court with jurisdiction over the custody case. The non-compliant parent should also be made aware that their failure to abide by the custody agreement can endanger their status as a custodial parent as well if the non-custodial parent files for custody modification based on that. If you don't have a legal custody agreement on file, now would be a good time to get one. Courts are not concerned with "he said/she said" agreements.
