The care, control, and maintenance of a child, which can be legally awarded by the court to an agency, in abuse and neglect cases, or to parents, in divorce, separation, and adoption proceedings. Child welfare departments retain legal custody and control over the major decisions for a child that is in foster care. Foster parents do not have legal custody of the children that are in their care.
Question: What is the difference between a custody evaluator and a custody monitor? A judge on her way out to retirement ordered a custody EVALUATOR. A couple of months later, a new judge ordered a custody MONITOR. Unbeknownst to me.
1. Why the change without my knowledge? I'm a party of the case.
2. Does it make a difference?
Answer: Your factual scenario is a little strange - but there is a huge difference between the two.
A custody evaluator is a mental health professional - usually a psychiatist or psychologist - who conducts an investigation for the court and makes a recommendation on a custody and visitation plan that is in the best interest of the children. The custody evaluator interviews all of the parties involved, including the children, often conducts psychological testing, speaks with other interested parties, and writes a report to the court with the findings.
A custody monitor is a person who supervises visitations to ensure the safety of the children. The court could order this for a variety of reasons, and could order it after a custody evaluation based on the recommendations of the evaluator.
You should look at any of the recent orders in the case, or view the file at the courthouse to see what has happened. If you are the parent that must have the monitor, it could make a huge difference on the way you see your kids.
Question: What happens when a parent who has custody of their children gives their children to the grandparent to raise? Well, my father has legal and physical custody of us, but we are living with our grandmother instead of our father. He comes to visit us every 2 weeks because he doesn't want to raise us.
Can my mother regain custody of us since my father hasn't made any attempt to raise us? Is it possible? We are so tire of our parents being part-time parents. We would like to our mother to have us so that we can have at least one full time parent.
So, would a judge grant my mother physical custody? Especially since she has her life together and she keeps us during summer breaks.
Answer: It's up to your Mom to make a move if she would like to have custody. She must file with the Court. In most states, the wishes of children at least 12-14 years of age hold a lot of weight in custody hearings; so, if you're old enough, you can help her regain custody.
Before you do anything about this, though, think long and hard. If your mother has had some big problems like drugs or alcohol, it might be very difficult living with her. If your living situation with your grandparents is solid, you might want to just stay where you are. They must love you very much to step in and take care of you.
Good luck to you.
Question: Who has custody of baby born to teenage mother and adult father in Oklahoma? The mother is 17 and the father is 20.
Who has custody, and is the mother allowed to move out of state with out the permission of the father?
Answer: You can not move out of the state that the child was born under any circumstances wheter or not you have fully custody or not even if the father isn't on the birth certificate. You have to have permission from the other parent as well.
Question: How long does it take for a child custody petition to be served to the custodial parent? Here is a little insight. A family member of mine (supposedly) filed for sole custody of his kid this week. Long story and very complicated story short. The custodial parent has no job and no where to live so she stays with a family member of her ex boyfriend who now seeks sole custody . With just that little bit of info, who do you think will win the custody battle? And how long does this petition takes to reach the custodial parent?
Answer: it will take a while because they will have to make a complete investigation to the whole situation that is going on then the will move on to see whom is better suited to have full parential rights and soul custody of the child
Question: What the difference between full custody and partial custody? If someone has custody of their son , would his mother be able to take him in different states as well ?
Answer: There are two categories of custody, legal, and physical.
Legal custody is the power to make decisions about the child's legal status.
Physical custody is having the child live with you.
If you have full legal and physical custody, you can take your child to other states for visits without any problem. You can't move him there unless a court allows it and reckons with the visitation schedule of the noncustodial parent.
Question: How to change my local custody to International custody or obtain an International custody? Is there anyway to change my local custody decree to International custody or obtain international custody? Is it in Switzerland?
Answer: There is no such thing as "International custody". Under the Hague convention, the courts in contracting states are bound to accept the custody rulings of courts in other contracting states. The convention sets out guidelines for determining which country has jurisdiction.
As I said in my other answer, the convention does not apply to you.
BUT.... that may not really matter. That your current country was not a contracting State when the removal occurred means that the courts in Turkey are not *required* to recognize the custody order that your husband violated. It does NOT mean that they won't choose to recognize it anyway, or, if they choose not to, that they won't award you custody anyway.
Question: What is required to get full custody of a baby? My sister is having a little boy and she is wanting to give full custody of him to my mother. What are the requirements for my mom to get custody?
Answer: Is she wanting your mother to adopt, or have guardianship until she's ready to be a mother? What about the father? Will she be paying child support, or does she plan to be a deadbeat mom?
Guardianship requires just a notarized statement, but the father can challenge for custidy.
Question: What is better to fight for when in a custody battle, full physical or legal custody? Im a 24 year old single mother fighting for custody over my 9 month old son who is a special needs child. My sons dad thinks that the court will give him full custody, he is 28 and lives with his mom and is unemployed.
Answer: I think you may not understand. You want to be the custodial parent - You want to have the right to make all decisions involving the child. However, the father does have the right to fight for visitation. And, unless he is abusive or is a drug user or is a danger to himself and others - he will almost always get visitation rights. So, there is probably no way to keep him from EVER having some sort of custody rights/visitation.
In Texas, a standard visitation order for the parent who is not the custodial parent usually involves the 1st, 3rd and 5th weekend of a month. That parent generally gets the child for those weekends, and for alternating holidays.
Family courts generally favor the mother. However, if I were you, I would contact an attorney. I am in court many times a week. In between criminal proceedings, divorces and custody casesget mixed in - so I sit there and watch until we get back to the criminal docket.
People with an attorney fare much better than the person without one.
Question: How to obtain custody papers while staying in a different state? I am currently residing in Las Vegas. When I was a minor, my grandparents were granted custody of me in Stanislaus County. Is there any way I can gain access to these papers while living in a different state? I have tried to look on the county website, but so far no luck that is unless I have overlooked something.
Answer: You would need to contact the court house directly. court documents listing minors are not available on line.
Question: How can child custody be changed legally without a court order? My step-daughter wants to live with her mom now. Her dad has had joint custody with his ex-wife, but the terms of the agreement is that their daughter lives with dad.
Answer: If all parties are agreeable, a simple motion to modify can be drawn up by a mediator and filed pro se.
Question: What will happen to my current custody order when my daughter is school age? Right now my ex and I have joint legal custody, and we have a 50/50 parenting time plan. Our daughter is 3 yrs old. I am the custodial parent. I was wondering, when she is 5 and getting ready to start kindergarten, what could happen with the custody order? Her father and I live in two different counties. So I guess I'm looking for advice from someone who has gone through this before. I don't think we will agree on the school choice, so what does the court look at to decide?
Answer: Since courts tend to side with the mother, chances are your daughter will go to school in your county. The order will stay the same, more or less. Dad will have to commute to drop your daughter off and pick her up from school. The judge may also say that you have to help out with some of the driving.
Question: What is the difference between sole custody and joint custody? I have sole legal and physcial custody. My ex-husband feels he has more rights than I feel he has. Where and how do I get the black and white answers that are not outlined in my divorce papers?
Answer: To have Soul Custody means the childred live with that parent,who will makes all of the decisions for the children. You don't have to get permission,from the other parent,to do things,or take the children anywhere. To have Joint Custody,means the children live with one parent,but can stay with the other parent on weekends,holidays,and even during summer vacation. Both parents make decisions about the children,and you both must come to mutual agreements,without arguing. Basically,when Joint Custody is granted,that is because the Judge saw it fit,that both parents are able to take care of the children,but usually the mother is granted custody,because a mother is capable of dealing with both boys and girls,where the father may be too protective of his daughter,and most father would not be able to handle the special needs of a girl,when she starts to mature. The daughter may be too embarassed,to discuss female problems,with her father,while the father is felling the same thing. No matter who is given physical custody of the children,you both need to put all of the personal feelings you have for each other aside,and just concentrate,on keeping the children happy,safe,and well adjusted.
Question: How to get custody of a child if the parent lives in another state? I have a nephew who has been living with me for about 2 years away from his mother, but has lived with me all his life along with his mother. I want to know if there is anyway for me to get custody of him with his mother's permission without her going to court in my state. If so how and where can I get the papers to do so. Thank You.
Answer: You will not be able to gain permanent custody without going to court. Having said that, many proceedings nowadays can be conducted telephonically or by video, particularly if they are not contested. In order to make sure it is done correctly you should hire a family lawyer to draw up the papers. If you or the mother do not want to go that route, a temporary solution would be to have her do a limited power of attorney giving you the right to make decisions for your nephew.
Question: What happens when a father gets custody but never raise his own children? My ex husband gains custody of our children because of my addiction. It's going on 3 years and he has done nothing to try to raise them. Right now, we both are going back and forth to visit our children (he lives in one state and our children lives in another state). Since I have my life together, would I have a chance of regaining custody of my children? I have the great job and home. And I am doing very well.
Answer: File for custody again, see if you can get it back, as long you have the income to support them the judge should give it back to you.
But get a good lawyer not the one who will want money but never did the job.
Question: How do I go about getting custody of my nephew? We just found out my brother is the father of a 1year old boy (DNA test). The boy's mother (bro's ex) did not want the child and left him with her aunt. The aunt claims the mother signed over her rights. I know the court will not grant custody to my bro. How do I go about getting custody? We've contacted a lawyer and of course he said we will have to go to court. I do not know where to begin or what my chances are. I am a 25 y/o single female, soon to be college grad, with a good job. Th aunt is 50+ divorcee with a 2 bedroom house and 6 ppl living in it. The mother was on drugs and the child has special needs. Please advise.
Answer: Follow whatever course of action your lawyer recommends. Considering the fact that you have proof he is the father, he will have full custody rights. Good luck for you and your family.
Question: How long does it take to switch custody? My mother is willing to sign me over to my father (currently have shared custody but wants my dad to have full custody) but i'll be eighteen in december. Is there anyway i can go about this without court? I know that court takes longer than that to even set a trial in my town. I live in Oregon by the way.
Answer: You could probably get a court date in 2-3 months, but it would cost about $200 to file the motion and court costs...doesn't sound worth it unless one of your parents has been ordered to pay child support for you, then it would be worth it.
Question: How can I get custody of my little sister? My parents are unfit to take care of my 12 yr old sister. They have been addicted to drugs, neglected her schooling and pretty much neglected her. I want so badly to take care of her. The problem is Im only 19. Is it even feasible that I can gain custody, and if so, how can I go about doing that?
Answer: The very best thing you can do is go to a school counselor at her school or at your own school if you still have one. If you have a very stable aunt or uncle then that would also be a good option.
If you have the actual capabilities of taking care of yourself and your sister at 19, and by that I mean an apartment where you can get her to school and back, a supply of food, and enough maturity to get your sister to go to bed on time and follow house rules, as well as income so you can pay bills, then you may be able to just ask your parents if she can live with you, and then get custody of her once you've proven you can to the courts.
If you don't have any of these things, it might be very hard to get custody of her. Or, it may be that because your an adult sibling, you don't need much, it would probably depend on your state, etc.
Anyway, I think a school counselor might be able to determine some action to take, and may even know exactly who to call or where to go to get this done. Some school counselors are duds, but many would help...
Good luck ;)
I wanted to take care of my little sister when we were growing up too, it was very hard to deal with that..
Question: What is a standard custody visitation when parents live several states apart? What is a typical custody agreement between parents when the parents are located in different parts of the country? And in this situation, how are travel expenses covered?
Both parents are responsible and loving, just trying to get an idea of possible arrangements.
Answer: It depends on which parent moves from the original jurisdiction in which the children resided when the parents were together. If there is a custody agreement in place, it will have to be brought before the court or if you can work it out, draft a written agreement stipulating all the matters of the agreement.
If you are moving away with your children and the other parent pays you child support, you would be responsible for compensating the other parent for travel related visitation expenses. If you are the other parent, just apply my logic to you as the "other parent."
Being a loving parent should not be confused with the contract that you must develop.
Question: How do I have custody of me changed to my grandparents from my parents? I am 16 and am emotionally unstable with my parents. How can I get my grandparents to have custody of me.
Answer: go to social services in your town and explain you situation.make sure your grand parents want to take over custody and they would have to go with you.the social worker will then do a home study and also contact your parents to get there in put on this.then the social worker will set up a court date and the judge will make a decision on the information he has received,but you will have to show proof of unstable home for all this to happen.you may also need a lawyer,but sometimes you don't.
Question: How long can a custody case stay open, before it is automatically dropped? We were served custody papers in March '09 for my step-son. We filed for dismissal of the case and it was denied. We have not heard anything since then. I am just wondering how long this case can stay open before it is automatically dropped? Or will it never be and she can keep it open forever??? We live in MD.
Answer: Sorry for your trouble, It is my understanding that the parent can try and fight for custody until the child is 18. Just my opinion, I'm not a lawyer.
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