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Regardless of your state laws, the father can still file an injunction.

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Q: Dose on parent have the right to move out of state with children when no custody has been established?
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If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?

You have the visitation rights that were established in the divorce, and you have no custody rights.


If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?

Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.


Can your ex keep your children from you?

If your ex has custody than yes. If not than the other parent has every right.


Do both parents have to make medical decisions when having sole custody?

No. The parent with sole legal custody has the right to make decisions regarding the child.No. The parent with sole legal custody has the right to make decisions regarding the child.No. The parent with sole legal custody has the right to make decisions regarding the child.No. The parent with sole legal custody has the right to make decisions regarding the child.


What does found in contempt of custody means?

It means that a person has been found guilty, by a judge, of violating a court order with respect to the custody of another person. Custody is the legal right of a parent to their children.


Does a parent that does not pay child support have the right to take the children?

Regardless of whether a parent pays support or not - the custody agreement determines who has rights. So if your child's father did not pay support but wants to see the child, and he has joint custody, he has every right, by law. This may not be morally right but it is legally right.


Do step parents have legal rights to their step kids if the biological parent is unfit to take care of the kids?

Yes and no. If the biological parent is proven unfit to care for they're children then the step parent has the right to APPLY for custody of his/her step children. Keep in mind that being married to the biological parent doesn't automatically make them the parent of the children nor does it make them they're legal guardian so there are no guarantees that the step parent will be given custody. If the children are happy with the step parent and no one in the biological parents family protest the application and the step parent is proven fit to care for the child(ren) then most usually the courts will award the step parent custody.


What rights does the non custodial parent with joint custody have if refusing to give child back?

Generally, only under circumstances in which there is clear evidence that the child is in an unsafe environment, and has been reported as such. And in that case the parent must file for an emergency order with the court of jurisdiction. It will be followed up by a full hearing within a couple of weeks.


Is a parent with joint custody the same as a custodial parent?

Joint custody is a form of legal custody. Sole Custody: One parent has full custody and control while the other may have minimum limited access. Joint Legal Custody: Similar to Sole Custody, but with a little more access right, as well as the right to be consulted in matters regarding the child, but as a working model, really has little difference. Joint Physical Custody: The parents are the children equally in all matters, including decision making. Bird Nest Custody: Similar to Joint Physical, except the children remain in the home and each parent lives there for a designated period of time, than switch.


Is primary physical custody the same as sole custody?

They are two terms used interchangeably that essentially mean the same thing. Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sometimes a parent may have primary physical custody but the other parent may have legal custody, meaning one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." This parent can make all decisions without seeking in put from the other parent.


What happens when you are paying child support but being denied visitation and your child resides in a different state?

The non-custodial parent should file for visitation rights for the child in the county where custody was given. If the parent who has custody of the child is preventing the non-custodial parent the right of visitation they can be found in contempt of court if visitation has already been established. If the custodial parent has too many repeated contempts filed against them, custody can be switched to the other parent.


Can you take your child out of school if you are not the legal guardian but you have joint custody?

Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.