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If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.

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12y ago
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14y ago

Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.

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6y ago

He would have to provide compelling evidence to the court that the mother is unfit and it would be in the child's best interest for him to be granted sole custody.

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 or otherwise incompetent person
  • 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
  • leaving the child in someone else's residential-type care for extended periods of time
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Q: If the father has joint custody of child how can he get full custody?
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Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?

Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.


When a child is born and the father is not there or never comes around does that mean you have full custody?

That does not mean you have full custody. Even though the father is not around you should still go for full custody. Theres always that chance the father could back around and that child is not with you he has just as much right to that child as you do.


If a unmarried father is in the military and the mother is living with her parents and she has no job what are the chances that the father will get full custody of his child?

15% to


Who will get full custody of your child you or the father?

Most often the mother gets physical custody but the court can award joint legal custody if the parents get along well and have the best interest of the child as their mutual priority. If the father wants physical custody, generally, he will need to show that the mother is unfit and the child would be better off with him. In that case the court must be provided with evidence of the mother's unfitness and each jurisdiction has its own criteria. See the related question.


If a person dies and the baby's father is in jail could the maternal grandparents get full custody of the child?

The baby's grandparents could get custody.

Related questions

Can a mother with joint custody give child to somebody else other than father?

No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.


If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?

I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.


Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?

Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.


What is the time frame for child abandonment so father can gain full custody?

A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.


How do you seek full custody in a joint custody situation?

By determining that the right of a parent to primary custody of the child supersedes the best interest of the child.


Can a father get joint custody after the divorce is final and the ex-wife has full custody?

He has every right to go back to court to petition for joint custody, yes.


Can a stepmother married to the father who has joint custody access child's health records?

Only with permission of both parents. Your marriage to the father with joint custody does not automatically confer parental rights including access to medical records without written permission from both parents in cases of joint custody and may not even apply if the father had full legal and physical custody. This is federal law (HIPAA). If you were to legally adopt the child, those rights were be conferred by virtue of the adoption.


When a child is born and the father is not there or never comes around does that mean you have full custody?

That does not mean you have full custody. Even though the father is not around you should still go for full custody. Theres always that chance the father could back around and that child is not with you he has just as much right to that child as you do.


What if you had full physical custody of your child and then the father files for custody due to child being overweight?

If at the custody hearing, the judge believes that you are the cause of the child's overweight problem, the father could very well win full custody. If you can afford it, hire a lawyer to argue for your side.


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Oklahoma?

When the issue pertains to unmarried couples the law presumes the mother to have full legal custody of the child(ren). The father must establish paternity before custody, child support or visitation rights can be addressed by the court.


If mother wants to give full custody of the child to the father what does she have to do?

It is very rare that a Mother wants to give full custody of a child to the Father. To this all a Mother would have to do is choose to sign and give up her rights to the child in court.


If the father has visitation rights and has not seen the child can you get full custody and receive child support?

How does he have any visitation rights with a custody and child support order?