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Q: If your aunt has temporary custody of your nephew and it isn't a good environment do you as the next of kin to him have any rights?
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What is the biological parents rights if givin up temporary custudy?

I think what you are asking is what are the parental rights if someone else obtains custody? If this is your question then the answer depends on why someone else has temporary custody. Is CPS/DCFS/DSS involved and did they remove the children? Was there are guardianship hearing that awarded someone temporary custody? If there is indeed a temporary custody order in place your parental rights are determined by the court governing said order.


How do you get back your son from his grandmother who has temporary custody?

File a petition (lawsuit) in the appropriate court to have parental rights restored.


Can you travel out of state with temporary custody of your grandchild?

yes, as long as it does not include a relocation, and does not interfere with a parent's access rights schedule.


Do you still have custody of your niece if you never signed back to her parents?

That depends on where you live and your custody order. Were you granted temporary custody with parental rights intact? Were the parents divested of their parental rights and you were granted sole legal and physical custody? There are all different kinds of custody agreements and they can be modified. Refer to your documents or seek the advice of an attorney for an informed opinion.


How do you give up temporary legal and physical custody?

you don't. giving up or terminating your parental rights is forever. What are you trying to do. If you are trying to suspend child support for a time or need to give temporary custody of the child over to the other parent for a short time due to illness, school, business, and the like, file a "modification of final judgment of (paternity, divorce, etc) and request the change before the Judge. If the other party is in agreement, it can be done simply and at little cost to you with a stipulated agreement.


Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?

No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.


What does temporary legal custody mean?

Temporary custody is the precursor to the final decision. Therefore, if you have been awarded temporary custody, this may not be the final decision by the judge. The judge will take in all considerations and issue a permanent order that will state the custody arrangements.


Can incarcerated mom give temporary guardianship to a family member if she has joint custody of child?

No, the fathers rights comes first as a custodial parent.


Is losing custody the same as terminating rights?

Not at all. Terminating parental rights is a court process by which you either voluntarily relinquish your parental rights or there is serious danger posed to your child such that the court does it without your consent. Either way, when parental rights are terminated, the parent has no more rights to the child. Losing custody can be a temporary thing and does not change your parental status.


Can a husband kick a wife out of the home and refuse to allow her to take the children?

Until there has been a custody order issued by the court both parents have the same parental rights. If the situation is expected to lead to a divorce the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order. Providing evidence that shows which parent provided the most day to day care may help in obtaining temporary custody. The court will also consider the reason for the break up and the temporary solution that causes the least trauma for the children.Until there has been a custody order issued by the court both parents have the same parental rights. If the situation is expected to lead to a divorce the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order. Providing evidence that shows which parent provided the most day to day care may help in obtaining temporary custody. The court will also consider the reason for the break up and the temporary solution that causes the least trauma for the children.Until there has been a custody order issued by the court both parents have the same parental rights. If the situation is expected to lead to a divorce the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order. Providing evidence that shows which parent provided the most day to day care may help in obtaining temporary custody. The court will also consider the reason for the break up and the temporary solution that causes the least trauma for the children.Until there has been a custody order issued by the court both parents have the same parental rights. If the situation is expected to lead to a divorce the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order. Providing evidence that shows which parent provided the most day to day care may help in obtaining temporary custody. The court will also consider the reason for the break up and the temporary solution that causes the least trauma for the children.


What should a married mother do if a married father takes her children?

See to that she gets temporary custody asap. They both have equal rights to the kids as long as they are married.


Can a sister give a sister temporary custody of child without fathers consent?

That depends on the legal custody agreement in place. If no custody agreement has been hammered out in court, you should contact the family court in your county of residence, or an attorney, for information on filing papers to assign temporary guardianship of your child to your sister. You may both have to appear in court so the judge can determine whether or not such an arrangement is in the best interests of the child. In other words, cover your bases. Fathers do have rights and if he finds out that you are violating his rights, you may be facing a custody battle.