In some states a petition can be filed by the primary custodian to amend the current custodial order.
The usual procedure is to file a new custody suit/petition in the appropriate state court in the county where the petitioner resides.
Judges are very reluctant to grant sole custody to one parent.
It is generally granted only when the non custodial parent agrees to relinquish their parental rights or a parent is found guilty of abuse and/or neglect and/or endangerment.
Generally you would file a petition for sole custody in the state court in the county where the minor child resides, however, in some US states the suit will need to be filed with the court that issued the original custodial agreement.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records.
Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
If a mother wants to gain sole legal custody after the father's paternity has been established she would need to convince the court it would be in the child's best interest.
To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. 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:
The father should consult with an attorney who specializes in custody issues who can review the situation and explain the father's rights and options. Unmarried mothers have sole custody of their children until the father's paternity has been established. Once established the father can request joint custody and a visitation schedule. If the father wants sole custody, generally he must seek a determination that the mother is unfit. Unfit is a determination that must be made by the state court that has jurisdiction over the case.
Every parent who is at odds with the other parent thinks the other is "unfit" so it's not simply a matter of opinion. If the father truly believes the mother is "unfit" then he should provide evidence to the court and petition for physical custody. Children should not be allowed to remain with an unfit parent. If the father has legitimate concerns that the mother is incapable of caring for the children properly he needs evidence that will convince the court. However, the motive should be honest concern for the children and not avoiding child support or a desire to hurt or control the children's mother.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The attorney can help the father to come to terms with the realities of the situation. Perhaps the father should rather petition the court for extended visitations. If the parties are presently in the process of divorce an experienced attorney is essential because the case will need to be carefully prepared and experience in a particular court is extremely valuable. The judge must have convincing evidence that father having custody is in the best interest of the children. The court will consider the father's role in day to day child rearing and child care prior to the divorce action. You need to be able to show that you were the one who provided day to day care for your child including such tasks as the following:
Many men take an active role in raising their children. If the father was the primary caregiver then he should definitely be considered for primary physical custody since caregiving should be one of the the main qualifications for awarding physical custody along with health, safety and stability.
Prove that the other parent is not fit to have custody of them.
Petition court for change of custody and adress if the child is old enough who the child wants to live with or who the child spends more time with
How often is the father awarded custody of the child over the mother in North Carolina?
Generally, they would go take the father to court and claim for custody (protection/safeguarding) over the children.
He can still gain custody as the presumptive father.
No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.
She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.
You can only try see links below
In the United States a man does not have that kind of control over the mother of his children. If she has custody then where she lives is her choice.In the United States a man does not have that kind of control over the mother of his children. If she has custody then where she lives is her choice.In the United States a man does not have that kind of control over the mother of his children. If she has custody then where she lives is her choice.In the United States a man does not have that kind of control over the mother of his children. If she has custody then where she lives is her choice.
If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.
Get over it..the kid doesnt want you!
That's not up to the child. That is up to the courts. And temporary custody would have to go to the court system. If the mother does not already have partial custody of the child, chances are she will not be able to unless something happens to the father. And it also depends on what the charges are against her and how old she is.
This would be decided in court. Other family members (grandparents, aunt & uncles, etc.) could also petition for custody.
Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being.There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.