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This is interpretive. Generally under the Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") they are suppose to, however this does not preclude other conditions. A mother can run to another state than claim a fear of domestic violence. This than invalidates any orders from another state under the Violence Against Women Act. Unfortunately, the states also have a history of not honoring father custody orders from other states or countries. The was a case of this in Clay County, Missouri. The father with an order from Texas had to kidnap his child and return the Texas.
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Who has custody of a child born out of wedlock in the state of Michigan?
Under all circumstances, unwed mothers have sole custody and control in every state until paternity is legally established. The mother has a medical record that proves maternity. Since there was no marriage the father must prove his paternity. Then child support and visitation orders can be established, and petitions for custody can be filed.
Two parents unwed have a child no custody agreement reside in Michigan the mother took off to Florida to visit won't let the child come bak to Michigan where does custody agreement reside?
Michigan has adopted the UCCJEA. What you're asking is, which State should have jurisdiction over custody. The answer is, and will always be Michigan. Decker v. Lyle (2003). www.Floridaslostsecrets.com
Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?
The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.
What if one parent has sole custody and restraining orders for both parent and child against other parent for abuse and drugs then the other parent applies 4 sole custody after child taken by mcf?
With the above set of circumstances - you will be given the opportunity to plead your case for custody before a judge.
Can you take your children to Australia without fathers consent?
If there are court orders regarding visitation and child support and custody, you will need his and the courts consent. The court orders have to be followed.See related question link.
You were given custody of your child in Wisconsin your case was never transfered to Michigan and in Michigan the father and you have joint custody what one is actually legal?
Why are there two orders? Which was filed first? Where do the children live?
How does temporary custody get set up during a divorce in Michigan?
Ordinarily, a trial court will enter "temporary orders" for custody, visitation, and child support, while the divorce is pending.
Can a Wyoming family court enforce a Wisconsin child custody order?
If you have removed a child from the state where custody and visitation orders were issued then you should seek the advice of an attorney who specializes in custody issues. In most circumstances Wyoming would be required to honor a Wisconsin custody order. You could find yourself in trouble if you removed a child from a state where the other parent has rights and court orders are in existence.The Uniform Child Custody Jurisdiction Act was enacted in all 50 states, the District of Columbia and the Virgin Islands. In 1980 the federal government enacted the Parental Kidnapping Prevention Act, to address interstate custody problems that continued to exist after the adoption of the Uniform Child Custody Jurisdiction Act. The Parental Kidnapping Prevention Act mandates that state authorities give full faith and credit to other States' custody determinations, so long as those determinations were made in conformity with the provisions of the Parental Kidnapping Prevention Act.These acts are interpreted differently in different states but were intended to avoid conflicting child custody orders.
If you die does the child go to the dad?
Taht's dependent on the custody orders.
Is there a motion you can file to gain custody immediately?
If no custody orders exist, a motion for temporary custody can be made while in possession of the child. An emergency motion for custody can be filed with evidence of immediate danger to the child.
Who has custody of a child born out of wedlock in the state of Michigan?
Under all circumstances, unwed mothers have sole custody and control in every state until paternity is legally established. The mother has a medical record that proves maternity. Since there was no marriage the father must prove his paternity. Then child support and visitation orders can be established, and petitions for custody can be filed.
Two parents unwed have a child no custody agreement reside in Michigan the mother took off to Florida to visit won't let the child come bak to Michigan where does custody agreement reside?
Michigan has adopted the UCCJEA. What you're asking is, which State should have jurisdiction over custody. The answer is, and will always be Michigan. Decker v. Lyle (2003). www.Floridaslostsecrets.com
Do child support papers have anything to do with custody?
Generally no, though there is a presumption of primary residential custody for the obligee parent. In states like California, the amount of time the obligor parent has the child affects the amount of child support ordered.ClarificationChild support orders and custody orders are separate. Generally, the parent who pays child support pays it to the custodial parent.
If mother have primary custody can she keep the child on the day the father is supposed to have the child?
No, that would be a violation of the court orders
How do you give up temporary custody of a child?
To give up custody under Temporary orders, or Divorce Decree, the court will need to change the legal and residential custody of the minor. Child support is not affected unless the Court orders a change in child support.
Who has legal custody of a child of a unmarried couple in Wisconsin?
In Wisconsin, the legal custody of a child born to an unmarried couple is officially with the mother. However, it is possible to arrange a second-parent adoption so that both parents are legal guardians of the child.
If an 18 yo moves with mother but father has full custody can mother file for custody?
Generally, custody orders end at age eighteen and the child can choose where she wants to live.
