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If a parent has full physical and legal custody and the biological parent just came back after 2 years gone and sued for vistiation and the courts gave it to him is there a way to request drug testing?
Wiki User
∙ 18y ago
Of course I don't know your full situation, but, you could try fighting this in the courts by seeing a lawyer. Unfortunately, as long as a father (or mother) pays child support then they have many rights. If either didn't pay child support and came back into the child's life (just because they decided too and they weren't in prison or in hospital) they shouldn't have any rights, but sometimes the courts act like they are on crack and there is no justification for the courts actions. If you are fairly sure the father is on drugs what you can do is take this problem to Child Welfare. Child Welfare is just that ... they sure wouldn't want a child around a drug user. From there Child Welfare has the right to investigate the father's environment (without his permission) and keep a file (with proof of drug use) or comments from that case worker that the father is not responsible enough to have the child in their care and present it to the courts once again and you will probably win full custody (if you get the right judge.) Good luck Marcy Drug testing can only be ordered by the court after a complaint and investigation by DFS/CPS and the complaint has been found valid. The person filing the complaint should keep in mind they may face contempt of court if such a report is found to be false and to have been committed as an "act of hostility or vindictiveness". What the other poster said was well put, but in most realistic situations it's difficult to get drug testing done unless ordered by the courts, but, if you are abused in any way by your partner due to drugs, alcohol, etc., you have every right (WITHOUT PROOF) to go to Child Welfare so they can do their jobs ... investigate the environment the children are living in. If they suspect or see that indeed the person is on drugs they can, by law, make a report and put it through the court system. Good luck Marcy
Wiki User
∙ 18y ago
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Should a father ask for child support first?
The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.
Can a 9 yr old child have the right to live with grandparents in Pennsylvania?
The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).
Can you get custody of your child if the mother leaves state and never has him?
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
Who has custody when both of the parents names are on the birth certificate?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can either biological parent take the child from the other biological parent if there is no custody judgment?
United StatesNo. 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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.United StatesNo. 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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.United StatesNo. 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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.United StatesNo. 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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can a grandparent sue for child support on behalf of daughter?
A grandparent with legal custody would have standing to request a child support order for support from the biological parents. If the grandparents have no legal standing they cannot bring an action for child support.A grandparent with legal custody would have standing to request a child support order for support from the biological parents. If the grandparents have no legal standing they cannot bring an action for child support.A grandparent with legal custody would have standing to request a child support order for support from the biological parents. If the grandparents have no legal standing they cannot bring an action for child support.A grandparent with legal custody would have standing to request a child support order for support from the biological parents. If the grandparents have no legal standing they cannot bring an action for child support.
Will the courts return the child to the mother while the presumed father gets DNA test and results?
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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Would the courts give back a minor child to the mother from the presumed father when asking for DNA?
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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
An unmarried mother moved to another state with the children of an illegal alien. What are the father's rights?
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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Is there a such thing as a court order that a biological parent can pull if the other parents moves in with a person that is of the same sex and not the biological parent?
They would have the right to request a custody hearing. A temporary injunction or other court order could be issued, removing the child from the home, but permanent custody would depend on the outcome of the hearing.
What are the rights of an unmarried man with kids in Nebraska who has already established paternity?
He has the right to request custody (joint custody- which may or may not be granted) and/or a visitation schedule and have a child support order entered if the mother is to retain physical custody.
The mother of your kids died and she left the kids to her brother can you get your kids?
The biological parent is always favored unless there are very good reasons to the contrary. You should consult with an attorney. Children are not property and a person cannot "leave" their children by a will. The court does not have to follow a request made in a will as to guardianship. The biological parent can request custody.
