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Who has child custody when the parents aren't married and do not live together? law answers (163424)

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Dad of 10 yo boy wants joint legal custody. Mom wont agree to it. Says dad too unstable for legal custody. OK for 7day visits.

A:  The father can initiate court proceedings and request change of custody based on change of circumstances since the order was issued last. As far as reduction of child support because the mother is now married, that does not have any effect as the child support is the responsibility of the parents and not the new spouse.Paris Kalor, Esq.SADDLEBACK law CENTER(949) 460-6466We serve all Southern California and offer free consultation NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you...

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Parental rights protecting the mom?

A:  The "Uniform child custody Jurisdiction Enforcement Act" determines which state''s court has jurisdiction to decide the case when parents live in different ones, so just being there will NOT subject you to court jurisdiction. Just to be sure, I would pack a copy of the all papers from your local court. There is no reason for you and the baby to be swabbed again. You two are done. He needs to do his. You should file a motion for contempt or enforcement to make him get the swab that was ordered already. If he''s moved, he can get a local lab approved by the ocurt and go to there and have his result sent to the first one for comparison. It''s done all the time. If you''re worried...

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Question regarding custody & adoption

A:  1) because his name is on the birth certificate, is that mean he has half of the custody right? No - it means he is the father and has the right to seek custody 1) is it possible for me to collect child support for all those years that he hasn't been? No 2) I read online that he can't volunteer to give up the custody in CA, and judges always wants the child to have 2 parents, so my husband has to adopt him? is that right? No. He can give up his right to custody but that does not absolve him of his obligations to support the child and does not make your husband the father 3) If my...

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custody agreement or no visa?

A:  Feeling really down. I have asked my case officer on numerous occasions if she needed any further paperwork, but have had no reply. I''m a lone parent who never married my daughter''s father, and thus am unable to get a court order giving me sole custody, as I already have it!! I sent DIMIA copies of the UK legislation in the children Act and a copy of their own regulations, stating that the decision should be made on the basis of th child''s country of origin. I have seen a solicitor, who has seen a Barrister to check, and there is no Court order that I can get. Luckily we now have written consent from the father, prepared by the solicitor, confirming that he has no responsibility and that...

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can mom take child out of country? Arizona Arizona

A:  My boyfriend needs advice. He has a son, who is 3 . His son lives with his mother in AZ. We live in NC. They split up when their son was around a year old. After a year and a half and over 8grand spent in court, they have joint custody and a parenting agreement, which was worked around him work for Nascar, which put him in the state of AZ for a few weeks out of the year. Last November he was laid off from Nascar and now only working part-time. Because the lack of money he hasnt been able to fly out and see his son since last November. The boys mom wont let him talk on the phone to his son and refuses to send pictures. But the big issue now is she is now expecting her 3rd child, by a 3rd guy....

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half siblings vs Gma for custody?

A:  Quote: What is the name of your state (only U.S. law)? MD Who would have a better shot at custody after both parents are deceased? Situation, mom passed away in 2 6, dad is on borrowed time. child is 14 and living with dad (when he isnt in the hospital) and older half brother (37), but after first of the year they (dad and child) will be moving to half sisters house that is in the process of being built. (almost complete) When dad passes, child wishes to to remain with half sister (35) Half sister wants him to stay. However there is another older half brother (5 ish) who wants him, child DOES NOT want to

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If the Other Parent is a No Show for Court Ordered Visits, Am I Held Accountable?

A:  Quoting MomabearMy question involves a child custody case from the State of: Virginia If the other parent is a no show for court order visits or cancels them and doesn''t make them up within the 30 day time reiod, can I be hald accountable for not "enforcing" the visits? You may wish to talk to your divorce lawyer about modifying the custody order to specify what constitutes a "no show" (e.g., "exchanges shall occur within thirty minutes of the scheduled exchange time, or a visit is cancelled"), such that you and the kids aren''t left waiting and hoping that the other parent will show up. Our order does have the tirty minute grace period, but for instance the...

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Is Dad hurting child emotionally?

A:  Quoting cornflake75would I have a leg to stand on in court to file for sole custody based on emotional disrupt? As far as our settlement goes, we both must make all desicions mutually. There is no way he would agree that one of us have a bit more say than the other. What do you think? Quoting cornflake75My question involves a child custody case from the State of: Florida My ex husband and I have 50/50 custody of our 8 year old son and it has been this way for the past 4 years. I feel that my ex husband is emotionally hurting our 8 year old. I keep hearing comments from my son that his father is insisting he change schools next year. His father lives about 7 miles...

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I have physical custody--Q

A:  Originally Posted by rece65 I have physical custody of our 13yr daughter, in the sep agre, however 2 weeks ago my wanted to go to the skating ring,by this time I already left for work, when she asked me, I told her no that she couldn''t go and that she should have discuse this with me sooner, she got really upset and hung up on me, I called her back and said I will be taking her phone when i get home. When i got home at 9:15pm she was gone. I had no idea where she was or anything, a few hours latter she pulls up with her mom.Her mom then drops her off at my parents house, which was ok to me, to let everything cool down. The next day I pick her up from my parents house, we talk on the way home, I told her I was...

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child support--Q

A:  Originally Posted by jgoosney If a non custodial parent who is married to someone else, receives SSI, is there any legal way to make him pay child support for his children? The NCP''s SPOUSES income is irrelevant to child support. If the Judge hasn''t ordered support based on the parents income..Oh well. The only people responsible for supporting their child are the parents. Not new bf/gf/step-mothers/step-fathers/ fiancées/fiancés....