Any biological parent can petition for custodial rights to a child. However, the law always presumes that the unmarried mother has sole custodial rights to a child unless the situation is such that the child is being abused or neglected. That being the case the court could terminate her parental rights thereby allowing the unmarried father to file for custody. Once child support is ordered it can only be rescinded or amended by the issuing court, an act that judges rarely allow. Minor children are the responsibility of both their parents regardless of the circumstanes and that is as it should be.
Welfare will help in obtain child support and/or state aid.
You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.
Go to court to obtain custody and an order for support.
It would be highly unusual for a judge to grant sole custody in such a situation. She would have to be deemed an unfit parent by the court or consent to the custody arrangement.
You need to obtain the biological mother's consent. You should consult with an attorney who specializes in custody and adoption issues.You need to obtain the biological mother's consent. You should consult with an attorney who specializes in custody and adoption issues.You need to obtain the biological mother's consent. You should consult with an attorney who specializes in custody and adoption issues.You need to obtain the biological mother's consent. You should consult with an attorney who specializes in custody and adoption issues.
No, if the mother voluntarily gives cutody to someone else, she can no longer be paid child support because she no longer has custody of the child. What happens now is the father can obtain custody because he does have rights or the person who has custody and have legal guardianship can file for assistance in which child support can be included or filed.
If you have custody of a child from another relationship then you can request a child support order from the court for that child. Your situation displays some irony.
yes, she can get a divorce in a Canadian Court however, the custody of said child will have to be a decision for a family court judge
If you are not divorced then both parents have equal rights regarding custody, decision making and control of the children. If a couple chooses to live apart one party must obtain a court order to get sole custody of the children. That party would need to convince the court the other parent is unfit and awarding sole custody to the moving party is in the best interest of the children. A husband would not be favored for sole custody simply on the basis of being a man. There must be extenuating and serious circumstances for the court to award custody to one parent. You should consult with an attorney in your jurisdiction who can review your situation and inform you of your rights.
Yes. If he lives with them they should have legal custody so they can enroll him in school and obtain medical treatment.Yes. If he lives with them they should have legal custody so they can enroll him in school and obtain medical treatment.Yes. If he lives with them they should have legal custody so they can enroll him in school and obtain medical treatment.Yes. If he lives with them they should have legal custody so they can enroll him in school and obtain medical treatment.
Stay with friends or relatives who will keep watch over the child at all times. Obtain a restraining order. Obtain temporary sole custody. Consult an attorney.
Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.