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Who will get full custody of your child you or the father?
Most often the mother gets physical custody but the court can award joint legal custody if the parents get along well and have the best interest of the child as their mutual priority. If the father wants physical custody, generally, he will need to show that the mother is unfit and the child would be better off with him. In that case the court must be provided with evidence of the mother's unfitness and each jurisdiction has its own criteria. See the related question.
Can a grandmother take custody of her grandchild if the mother is unfit and the father lives is in jail going to get deported?
The court would have to award you custody.
How do courts determine when to award joint custody?
There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney regarding this question. About 90% of divorce cases are settled out of court, though, and most joint custody is established this way. Judges will rarely change an arrangement that has been established by the parents. The legal status of joint custody may eventually change. Supreme Court decisions have found parental rights to be guaranteed by the Constitution. Because a fundamental right cannot be denied without a compelling state interest that cannot be achieved by any less restrictive means, some legal scholars believe that, in the absence of abuse or neglect, parents have a right to both legal and physical joint custody (Canackos, 1981; Robinson, 1985). This theory has not been tested in court. [This answer was excerpted from "Questions and s About Joint Custody" by Rick Kuhn.] References: Canacakos, Ellen. "Joint Custody as a Fundamental Right", Arizona Law Review, Vol. 23, 1981. Robinson, Holly. "Joint Custody: Constitutional Imperatives", University of Cincinnati Law Review, 1985.
If a mother gets her child taken from drug abuse. What rights does the father have if he does not live with her and no custody is court ordered?
Even with a custody award, if the child is in state care, his chances are 15% in getting the child. see links below
Why didn't the court order child support if you have primary physical custody?
If you have primary physical custody you are entitled to support. How much support is figured in a formula based on how much money each of you makes and how many days (or overnights) each of you has time with the child. Depending on the state, if the child stays with the other parent over a certain set amount of time, then that parent is responsible to pay less child support. Most states are trying to push joint physical custody where the child spends 1/2 to 2/3 of the time with the primary caretaker and the rest with the other parent.
Can a 9 yr old child have the right to live with grandparents in Pennsylvania?
The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).
Who permits custody?
Only a court of law, can award custody of a minor or dependent adult.
Can my ex boyfriend win physical custody to our 5 month old son and we live in California and he has no job and lives with his parents?
That depends on whether or not his living arrangements would be in the best interests of the child vs. your living arrangements. The court would take both into consideration and award custody, split custody or deny custody to both of you based on the same.
Father has sole custody how do I get joint custody back?
By filing for custody modification in the court with jurisdiction, then prove to the court why it would be in the best interests of your child to award joint custody.
Who will get full custody of your child you or the father?
Most often the mother gets physical custody but the court can award joint legal custody if the parents get along well and have the best interest of the child as their mutual priority. If the father wants physical custody, generally, he will need to show that the mother is unfit and the child would be better off with him. In that case the court must be provided with evidence of the mother's unfitness and each jurisdiction has its own criteria. See the related question.
Can a father get joint custody for a child if he is separated?
Yes, if the court feels it would be in the best interests of the child to award joint custody.
Can a grandmother take custody of her grandchild if the mother is unfit and the father lives is in jail going to get deported?
The court would have to award you custody.
Can a mother in the military take a child from his fathers home?
Not without a custody award.
What is joint sole custody?
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together.
How do you revoke the temporary custody you voluntarily give your parents in Utah?
Question is unclear, or some facts are missing . Minors do not "give" their parents grants of temporary custody. Only the court can award custody.
Does primary residence with joint legal custody give this parent the right to choose their child school?
Look for the standard XX county parenting plan online, with XX being the county you reside in. Look at the section regarding Major Decisions. Most states agree all major decisions shall be made by the custodial parent, and that usually includes things like what school to attend, what hair length to allow, what piercings to allow, etc.
Can a 16-year-old live with friends with their mother's permission if the mother has primary physical care in joint custody of the 16-year-old?
If the parents have joint legal custody, then Dad has an equal say. Even if they don't have joint legal custody, I would imagine that something such as this (allowing the child to move in with a friend) would be a sufficient reason for Dad to ask the court to award him custody, and he would likely have a very good chance of getting it.
