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You must petition the court for guardianship and provide evidence that is serious enough for the court to declare the mother unfit and appoint you as the legal guardian. You should consult with an attorney who can review the situation and determine if you have a good case. The attorney will help you collect the proper evidence to present to the judge.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
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∙ 12y ago
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Can you obtain custody of an unborn child in NC?
Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.
Can you get custody of an unborn child if you are in the military?
No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.
Do parents have rights to their children's medical records after they have lost custody?
Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.
I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?
You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.
How can you obtain legal custody of an underage child's child?
You will need to file a Child In Need of Care motion with the court showing that the child's parent is not capable of caring for the child.
What should a father do when his wife abandons their child?
Go to court to obtain custody and an order for support.
How can an unmarried mother obtain authorization to travel with her young son overseas if she and the child's father have never been married or established custody?
establish custody
Attorney Misconduct in child custody cases?
If there is an attorney working on a child custody case and they have been told or charged with misconduct, they could face criminal charges. If this is your attorney, obtain another one.
How can you get custody for your unborn child if you know that its yours?
No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born. You can file for paternity testing, although it would probably be best to wait until the child is born before doing that. If the tests prove the child is yours, you can then file for custody. Due to physical restrictions, I would assume that a father can't get custody of an unborn child.
Is it possible to get the child custody records from when you were a child?
Yes, it is possible. You should visit or call the family court where the custody was ordered. You can obtain copies of any court orders as long as the case is still on file.
Will the state of Oregon pay agrandmother support for the gradchildren that she wants temporary custody or full custody of?
Welfare will help in obtain child support and/or state aid.
If you owe child support can you obtain child support for another child?
If you have custody of a child from another relationship then you can request a child support order from the court for that child. Your situation displays some irony.
