answersLogoWhite

0


Best Answer

I assume you are asking if custody changes when a parent gets married to someone else?

Custody does not change because of a marriage. If there is any type of court document (divorce decree, child support agreement, etc.) that outlines a custody arrangement nothing changes because one of the parties gets married. Whatever the arrangement was before the marriage, it still stands.

User Avatar

Wiki User

13y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

13y ago

It depends on the parents. Their financial standing, ability to take care of the child, criminal record, social ties to the child and behavior towards the court play an enormous part. If they are even roughly equal in their standing though, partial custody is the norm unless the parents will be living far apart.

This answer is:
User Avatar

User Avatar

Wiki User

13y ago

Both. Whereas a single mother has sole custody at the time of the birth, this becomes void at the time of the marriage.

This answer is:
User Avatar

User Avatar

Wiki User

13y ago

There's a presumption of joint custody, however the application of this carries no weight of law.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: What is the law concerning child custody of children when married parents are not living together?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

What custody rights does a father and a husband have to his children after a year of no contact with the children?

Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.


In New Mexico who has custody of children if the parents are not married?

The mother assumes automatic custody, unless she is unfit.


Is there a difference in a parent who has custody of the children but not married vs the parent that does not have custody and is getting married and is fighting for custody of the children?

Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.


If you have sole legal custody of minor children from a previous marriage if you died would your spouse get custody?

Spouse or not. Married or not. Your relationship to the ex is irrelelvent. The father of the children (or fathers) are on the top of a long list of "family" in relation to the children. Multiple fathers will split up the children. Create a living will so the kids can stay together with ONE father.


Is Vanna White married to the children's father?

yes, Vanna White was awarded custody of both children


You are a father who has custody of your two small girls you are not married to your fiance yet but your ex wife is getting married is trying to regain custody of your children What are her chances on?

see your other question


Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?

* If the father has full custody of the children, yes. * If he has partial or shared custody with the mother, it may be a violation of parental rights; that area is quite dicey, so talk to a lawyer. * If the father has no custody but does have visiting rights, then again, talk to your lawyer. * If the father has no rights to the children, then there is no crime committed.


Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?

Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.


If a spouse dies and is married to an illegal alien from Mexico who gets custody of their children?

if they got married to someone who wasn't illegal then she wouldn't be illegal. so she would get the children


How does civil law differ from common law in Louisiana?

Common law is in every State and it means the couple are not married and living together, but each State has a limit of time where the couple living together come under the legal responsibilities (such as divorce and custody of children) and are treated as a married couple.


Who is master p wife?

Entertainer Master P is not married as of June 2014. He recently lost custody of four of his children in a heated custody battle.


Can your fiance get temporary custody of your children with a power of attorney form?

No. Custody must be granted by a court order unless the parents are married. If you are unmarried and want to give temporary custody of your children to your "fiance" it must be done through the court. You haven't mentioned whether the "fiance" is the father of the children.