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When a child is born and the father is not there or never comes around does that mean you have full custody?
Wiki User
∙ 19y ago
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.
Wiki User
∙ 19y ago
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If you have sole custody of a child and you get arrested can the father take the child?
The answer depends on the details which haven't been included here.This is a complicated situation and you haven't explained whether the mother is incarcerated. If so the father may have to provide a safe temporary home for the child while he files a petition for an emergency temporary custody order until the full hearing can be scheduled. If the father is available, in the child's life and has not been deemed an unfit parent then he can petition for a modification of the custody order and request permanent custody.If anyone wants to object they can express their objections to the court and file their own petition for guardianship. The court will hear testimony and review evidence and render a decision. If no one comes forward the child will likely be placed in foster care.
Can a father retain custody with meth charges pending?
That depends on prevailing law in the state where he lives, but generally, charges are not a conviction and will have no bearing on custody, unless of course, the child was found to be living in a meth house or there are other emergency reasons why a child may be reassigned on a temporary basis. Otherwise, charges are not convictions and may have no bearing up and until that time a conviction comes down. Then custody may be modified based on the same.
Does a father have a chance for full custody?
yes he does but it all comes down to the situation of the parents and the children. if courts see that the mother isn't fit to be a good parent, they give the father full custody!! ANSWER: The best way to answer your question is to ask this one to yourself: What is in the best interest of the child? If living with the father is the best situation, then it needs to be fully proved in court.
What can I do my daughters mother took her to Mexico and told me she would be back this month she hasn't came back yet or called i signed to were she could take her is the anything i can do?
Unfortunately, even those countries that are signers to the Hague Treaty on Child Custody, they do not honor it when it comes to father custody rights. This includes the US. Only Cuba honors the treaty equally, except they never signed it. You will need an attorney that specializes in international cases.
If a child has lived with one parent for 17 years and then comes to live with the other parent who has legal guardianship?
Well.... The person who has legal guardianship is the person who has LEGAL guardianship. If the mother has custody, no matter where that child moves (untill their 17th or 18th birthdate dependant on the state), the mother will always have custody. The only way to change it is through the courts. * If a custodial order has not been issued by the court that stipulates otherwise, both biological parents have equal custodial rights.
Which states do not automatically give sole custody to mothers?
All of them particularly if the father has signed the birth certificate or has otherwise been legally deemed as the father. ' The law has become gender-neutral in areas of child custody and the father has as many rights as the mother when it comes to custody. Ultimately, it comes down to the decision of the judge who would be better suited to act in the best interests of the child and custody is awarded based on the same. The mother has presumptive initial custody in some states, particularly if the father's name is not on the birth certificate or paternity is otherwise legitimized/established until custody is mandated by the courts.
If the father is in jail for domestic violence at the time of a custody case does the judge usually give the mother sole custody?
Yes, the safe environment of a child always comes first, so your chances of gaining full custody are high.
A family in which the mother and father share decision making is called an?
When the mother and father share the decision making when it comes to the children is called a joint custody. In this set up, both parents can have access to the records of the child or children and can live with one or the other according custody schedule ordered by the court.
When a child is incarcerated does the maternal grandmother have more rights to the children than the paternal grandfather if the father is not on the birth certificate?
You don't say which of the parents that are incarcerated but their rights to the child comes first. If the father is not in the birth certificate and he has not established paternity to the court so he can petition for visitation or custody and also pay child support, there is nothing that legally says he is the father. Then the maternal grandmother would have a better chance. If the father is not in the birth certificate but he has established paternity to the court so he can petition for visitation or custody and also pay child support, the chance should be equal.
What rights does an American father have to and child born in Brazil?
Typically parents have equal rights to their children, but if the child lives in a different country, it's best to hire a lawyer that knows the laws in that country when it comes to things like custody, visitation, and child support
What if child custody agreement states that noncustodial parent pays half of the medical expenses and transportation and father refuses what recourse does custodial parent have to obtain the money?
That comes under child support enforcement, they will file a motion to enforce.
If you have sole custody of a child and you get arrested can the father take the child?
The answer depends on the details which haven't been included here.This is a complicated situation and you haven't explained whether the mother is incarcerated. If so the father may have to provide a safe temporary home for the child while he files a petition for an emergency temporary custody order until the full hearing can be scheduled. If the father is available, in the child's life and has not been deemed an unfit parent then he can petition for a modification of the custody order and request permanent custody.If anyone wants to object they can express their objections to the court and file their own petition for guardianship. The court will hear testimony and review evidence and render a decision. If no one comes forward the child will likely be placed in foster care.
Can a father retain custody with meth charges pending?
That depends on prevailing law in the state where he lives, but generally, charges are not a conviction and will have no bearing on custody, unless of course, the child was found to be living in a meth house or there are other emergency reasons why a child may be reassigned on a temporary basis. Otherwise, charges are not convictions and may have no bearing up and until that time a conviction comes down. Then custody may be modified based on the same.
Can parents be granted on order through the courts to keep their child in their custody until the child turns 18?
No. As parents you already have custody but a judge can not give you a guarantee that no matter what will you keep that. The best of the child comes first and if you for some reason is found unfit down the road the child would need a new guardian. If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.
What happens to the child of a 16-year-old pregnant girl while she is in state custody at a juvenile facility in Tennessee?
Her parents can usually take the child in or grandparents. Child Welfare is usually not far away and has the right to decide what is a fitting home for the child. If the mother's parents or grandparents are not fit to raise the child then the child could become a ward of the courts, but, if the father of the child comes forward and can prove he has the finances to raise that child in a good environment (even his parents helping out or grandparents) then he could raise this child. When the young woman gets out of the Juvenile facility she will have rights to see her child, but it is up to the courts to decide if she is a fit parent. If not, then the father can have sole custody. Marcy
If child is residing with one parent and the other parent comes to an appointment and attempts to take the child what should you do?
This depends if any custody orders exist.
Does a father have a chance for full custody?
yes he does but it all comes down to the situation of the parents and the children. if courts see that the mother isn't fit to be a good parent, they give the father full custody!! ANSWER: The best way to answer your question is to ask this one to yourself: What is in the best interest of the child? If living with the father is the best situation, then it needs to be fully proved in court.
