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If you are the custodial parent but work at night does the biological father have the right to take custody of the children?
Wiki User
∙ 18y ago
If you have custody awarded or appointed by the court, the father will have to go through the court to get custody. Usually, to reverse such an order, he would have to prove that being in your custody is detrimental to the children. There is shared custody. They have lived with the mother since the divorce four years ago. He has not paid any money for support. Mother has had children more than the 50% of time. Mothers attorney said that father has rights to custody since the mother works nights and they are with her new husband. Since he is blood father he can take custody of children! I find this hard to believe but have to face the fact that it maybe true. I find it a great disruption in their schedule and hard to see a judge changing it but could it happen?
Wiki User
∙ 18y ago
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When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?
Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.
If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?
Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.
Can a father take a child out of state if the parents are not married and there is no custody appointed?
Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.
How can you allow visitation by the biological father with his child who has been adopted by the spouse of the child's biological mother?
There are no laws that would prevent the child from vistation with her biological father as long as her custodial parents agree. The biological father has no legal grounds to seek vistation or custody if the adoption were done according to the laws of the state in which it occurred. Visitation must be voluntarily agreed to by the custodial parents and the child under the terms that they establish. The visitation rights can also be withdrawn by the custodial parent(s) if and whenever they so choose. It would be in the best interest of those involved for the custodial parents to establish guidelines (boundaries) before visitation is allowed.
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.
Does the father have any custodial rights in Texas if the mother has custody but the child lives with the grandparents?
Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.
If your sister died could you get custody of her 3 children if she is divorced from their father and he is unfit but your sister has remarried someone else and has a child with him?
It's likely, but I don't think that you could legally demand custody. You could work out some arrangements with the custodial step father and the biological father concerning visits and vacations, but you will still need a court order that gives you custody.
When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?
Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.
In Michigan can the biological father waive his parental rights and then the new husband of the custodial parent adopt the children?
yes
If I have sole legal custody of my children in the state of Illinois if I died would my husband get customdy of my minor children or would their legal father?
Their biological father.
If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?
Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.
Can my wifes biological father regain custody over her after the marriage?
No, he shouldn't be able to if she is legally married. If she was underage at the time of marriage and the custodial parent signed off on the marriage and that should have been the end of parental custody.
Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?
If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.
If you have full custody and move from Ontario Canada to The United Arab Emirates with your children does the father still continue to have to pay support?
yes, and file for custody based on custodial interference.
Can a father take a child out of state if the parents are not married and there is no custody appointed?
Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.
Who has legal custody of minor children when parents never married in Utah?
In cases where the parents of minor children are unmarried the mother generally retainssole custodial rights until the father files a custodial suit. However, this does not mean the mother of the minor children can arbitrarily deny the father's rights of visitation.
What if custodial parent is found to not be the biological father and there is no previous custody agreement does he loose all his rights and have to give the child back to its mother?
How can he be the custodial parent if there's no custody order? His relationship with the child would be the primary factor here. If he didn't know, Paternity Fraud may be an issue for the mother.
