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By proving - to a judge - you are unfit and the child would be better off in their care. Often it is family member who petitions for guardianship (grandparents, aunts, etc) and they have to provide convincing evidence to the court that you unfit. The court would evaluate the situation and render a decision that is in the best interest of the child.
Wiki User
∙ 6y ago
Wiki User
∙ 9y agoBy getting a court order to that affect.
With preparation and a good attorney. One needs to take the time to prepare, provided there's not an immediate threat to the safety of the children. Also, don't just hire a recommended attorney, take the time to interview several. see links
Wiki User
∙ 16y agoYou do not say how or if the child was removed from the home of the other parent, is children and families involved, or is there direct evidence of abuse? Expound your answer and write back.
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Why are spouses afraid to give joint custody to the non-custodial parent?
Regarding joint legal custody-a major concern is that although the parent with physical custody is living with the child and managing daily life they still need the consent of the other parent for decisions that affect the child. In some cases the non-custodial parent uses that power to maintain control.
If you are the custodial parent are you required to give your child's social security number and other personal information to the non-custodial parent if you don't wish to collect child support?
If both of the parents have a joint legal custody arrangement, you have to give the noncustodial parent that information. If you have sole custody of the child, you do not have to share that information with the noncustodial parent.
Non custidial parenting getting underage child a tattoo can she what rights does the custodial parent have?
It depends on what kind of custody arrangements you have. If you have joint legal custody, you both have to decide together what is best for the children. If you do not want the child to have a tattoo, the non-custodial parent should not allow the child to have it done and you can file contempt charges if they do.
If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
Can a custodial parent prevent the non-custodial parent from having someone else pick the child up from school?
School is not a place of visitation, and ultimately the school is responsible for returning the child to the custodial parent at the end of the day, unless that specific custodial parent has notified the school of other arrangements. In this situation, it is imperative that the court order that sets forth legal custody be on file at the school.You need to check the laws in your particular jurisdiction by consulting an attorney or an advocate at the family court. Your question implies a non-custodial parent taking the child out of school during the school day. Generally, Unless the parents have shared legal custody, the non-custodial parent has no right to remove the child from school.The parent with sole legal custody should make certain the school has a copy of the court order that granted them sole legal custody. If someone other than the custodial parent will be picking up the child during the school day the parent should notify the principal in writing and also call to confirm. If necessary, the school should have on record a copy of the visitation schedule if the non-custodial parent will pick the child up after school on their visitation days.
Can a non parent receive child support from biologcial mother in rhode island?
Yes, if the non-parent has legal custody of the child.
Can your friend watch your child without the non custodial parent's permission?
No, the non custodial parent cannot give permission to have a friend look after their child and non custodial means you have no custody rights so the permission should be granted by the parent that has custodial rights.AnswerIf you are the parent with legal custody you do not need the non-custodial parent's permission to allow your friend to watch your child. The parent who has legal custody has both the right and the authority to make that decision.
What is shared legal custody mean?
Shared legal custody means that both parents have equal rights to make decisions regarding the child. One parent may have physical custody with the non-physical-custody parent paying child support.
Can a non-custodial parent enroll the child in a school near them without the other parent's consent?
No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.
Can a non custodial parent gain custody if legal parent is in jail and child has no guardianship?
Yes unless they are found to be unfit.
Can a non custodial parent take a 16 year old to get there license?
Generally, no. The parent with legal custody has the right to make the day to day decisions. Of course, the non-custodial parent could take the child to get their license with the permission of the parent with legal custody but not without it.
What is non custody parent?
The person that does not have legal custody of the child(ren); few, if any, parental rights concerning the child(ren); and usually required to pay child support.
Can you move your children out of state if you have residential custody?
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
Can the non custodial parent sign for you to get married if you live with them in Tennessee?
That depends on whether the non custodial parent has any legal custodial rights and whether those rights are sole or joint. If the non-custodial has sole legal custody, probably. If not, then no, not for a minor child, not without the permission of the parent with sole or joint legal custody. There are different types of custody, physical and legal. Check your custody order before you proceed to get an answer, or contact an attorney.
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.
Does a non custodial parent have any rights regarding their child?
No. Ordinary citizens do not have the power or authority to revoke parental rights. That is the province of the court. You have to petition a court, present your evidence and let the judge decide.
Why are spouses afraid to give joint custody to the non-custodial parent?
Regarding joint legal custody-a major concern is that although the parent with physical custody is living with the child and managing daily life they still need the consent of the other parent for decisions that affect the child. In some cases the non-custodial parent uses that power to maintain control.
