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The judge determines who will be granted custody of a child regardless of the circumstances based upon what is the best interest of the child and not on the preference of any involved party. Unless the mother has been proven to have been seriously neglectful and/or abusive and has made no attempt to rectify her behavior it is highly unlikely a judge would terminate her parental rights and place the child in a foster home or in the care of another relative. The court must also consider the rights of the biological father if he has been identified and his whereabouts are known. A major factor could be how the current caregiver received custody of the infant, whether through the prescribed legal process or by the mother simply allowing the person to take over the care of the child.

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Q: If you have temporary custody of a 6 month old how can you contest the mother's right to have her child returned?
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Related questions

When do mothers lose custody of their children?

when or why? Mothers will lose custody if they are found unfit by a family court


Your ex husband and you got custody of your step daughter from dhr the mothers parental rights were not terminated how can you get custody of this child?

file for custody


Can a unwed mother move out of the state of nc with out the biological fathers permission?

Yes she can. Unwed mothers assume an automatic temporary custody, until the case is decided by the court. The only way to stop her from moving is to file for custody ASAP. Once filed, the state has jurisdiction and she can't move.


Do courts give custody of children to mentally ill or borderline mothers?

Courts will sometimes give custody of children to mentally ill or borderline mothers. It will depend upon the severity of their cases and they will be assigned social workers.


Can you get sole custody if your wife leaves for another man?

Sole custody is not common these days except for single mothers. see links


Who gets custody of baby in Texas?

Single mothers have sole custody until the court rules otherwise, but in Texas you can get a jury trial.


If there is no court order for custody the mother has been main caregiver for the life of child the father removes the child from daycare without the mothers permission How can he be returned quickly?

If his name is on the birth certificate he is the legal parent along with the mother. If they have split up she can go to court and ask for custody.


If your 12 and your grandparents and the mother and father have joint custody over you and the mothers lawyer filed a temporary restraining on the grandparents will the judge grant it?

Whether a restraining order is granted is based on the merits of the complaint, not who filed it. If the judge sees reason to grant the order it will be.


Can a divorced child move from their mothers house if they are being mentally abused?

YES! not all mothers should be granted full custody of their children!


You live in Michigan and your daughters mothers rights were taken away and your daughter is in temporary custody of the maternal grandparents and they want full custody you also want full custody?

You prepare for a full custody challenge. Prepare a chronological statement, or history, starting with when you met the mother. Do not expound. Keep a daily journal of all your activities, but most especially your contact with the child. Interview several attorney before hiring one. Do not simply hire one on a recommendation. see related links


Can you sign for sole custody of your 2yr old without the fathers involvement if he is incarcirated?

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If father has primary custody and goes to work out of state and step mother stays home with child can the mothers grandparents try to get custody for that time?

They have no court standing