Legal Custody

Question: I need help with legal custody issues over a minor? okay my mom lives in Arizona and she sent me to Wisconsin to live with my grandmother. all she gave my grandmother was a paper saying she had "temporary custody until Im 18" the social services said it was useless. i am going to school in wisconsin is this legal? thank you but one more question. how long can i live away from my mother legally while she has the custody?

Answer: It is legal for you to go to school there, as you are a Wisconsin resident. But your grandmother can't sign anything or give permission for anything. She needs to get social services to help her to get all of the appropriate paperwork.

Question: Can my Ex husband give his part of legal custody of our children to his mother? we have been going to court for custody of my 2 children for over a year now. he received full custody of them and i get them on the weekends. he has fought so hard for me not to see my kids and all of the sudden he wants to go into the military and sign over custody to me. but he wants me to have sole physical custody and half legal will go to me and he wants his mother to have the other half of legal custody... can he do that?

Answer: No. A parent doesn't get to just relinquish custody to whom ever they want lol.

Question: What does SHARED LEGAL CUSTODY mean? My boyfriend was granted primary physical custody (I know what that is) for his son. However, mother and father were granted shared legal custody. What does that mean? Also, the mother/father live in two different cities. If shared legal means she can oppose the decisions the dad makes (for where he goes to school, etc.) how will that work? What if she wants him to go to school 30 mins away (where she lives) and he doesn't? Since he has physical custody, is she automatically overruled? Um, no. He has no attorney.

Answer: A properly drafted custodial agreement or decree as ordered by the court will be explicit concerning who determines where the minor children go to school. It should say something like "The child shall be enrolled in school where the parent lives who has more than 50% of residential time with the child." Shared legal custody is something else. It means exactly what the statute in the boyfriend's jurisdiction says if you can look up that particular provision. Generally in most states in the US "shared legal custody" means the parents share major decisions that are health, educational or religious related. That is why it makes good sense to have the custodial agreement and court decree set out unequivocally where the child goes to school.

Question: I need a cease & desist letter to send to my ex & her church. They are violating a legal custody order.? I have joint legal custody, and that means she can't make any religious decisions without asking me first. I don't approve of the church she is going to or their teaching. I want to send a cease and desist letter to her as well as the church to let them know of the violation. So far on google I have only found templates for debt collectors and copyright laws. Please help if you know of other templates available.

Answer: You need the assistance of a lawyer. I can help connect you to a program that will assist you for low cost if you need help...Take Care

Question: What legal rights does a father have regarding custody if their are no crt. agreements and she refuses support? She won't accept child support but she also won't let him see his son. Does he have legal joint custody or what is the default if they weren't married and have a child together? There have been threats toward him or anyone that tries to go get the son. Isn't he legally able to see him or how does that work?

Answer: Because they were not married, it's possible paternity would have to be established. They do not have joint legal custody unless or until a court orders this. He needs to go to the courthouse and file the proper paperwork. (There should be templates at the courthouse that the clerk can direct him toward. These forms could also be online.) He can ask the court to order child support (which would make him look REALLY good) and can request visitation. If the court orders visitation she will not be able to prevent him from having access to his son.

Question: Who has legal custody of a child born to an unwed mother in Pennsylvania? My ex-boyfriend and I broke up about 8 months ago and I have physical custody of our son. I'm afraid that if I file for support he might try to take our son from me and I'm wondering if I need to file for custody or not. His name is on the birth certificate as the father, but he has not done anything to support our son since the split aside from the occasional visit when my son spends the night at my mother's house. Thanks.

Answer: The law is on your side. File with the friend of the court and explain the situation. I would also file through the courthouse for sole legal and physical custody. They will probably set up visitations (if he wants them) but do not let him get away with not paying. They will not give him custody. Been there done that. Good luck/

Question: Is legal custody needed to register in a new school? I moved out of my mom's house at 14 and I am living with my grandparents but I need to switch into the school in their district. My mom won't sign papers that say my grandma has full custody. What do I do that can get this process moving quickly? Please help. 10 Points.

Answer: It depends on how your district's rules are written, but generally only a custodial parent can enroll a child in school and that parent must live in the district. If you are living at your grandparents, I assume there is some form of written custody agreement allowing them to care for you. That may be sufficient. Now, if there is no custody agreement, then you are in a bit of a bad situation (technically, your grandparents could be charged with custodial interference), but you will at the very least not be able to register, because legally you don't actually live there. If there is a sound reason for you to be living where you are, your grandparents may need to go to family court and fight for custody if nothing else can be worked. out.

Question: How can a grandmother get legal custody of her grandchild? 1.The mother no longer wants the child 2. The grandmother is willing to raise the child. 3. The mother is willing to sign the child over to the grandmother. 4. The father also wants the grandmother to raise the child. What do they have to do to make everything legal.

Answer: all of the above, but first you have to get a GOOD attorney to get the paperwork all together and the t's crossed and the I's dotted! What happens if the child needs medical help? What happens when they start school? I had this issue when my kids just LIVED with my sister a couple months when i was going through a rough divorce and weighed only 77 pounds and couldnt care for my kids physically due to spousal abuse and i had to get well. (in hospital) I had sign papers saying they were legal guardians. It shouldnt be that hard. Just be SURE this is what you want to do and MAKE SURE they are doing it for all the right reason!! It is hard for them to get the child back once you have them if you dont wish to sign them back......be aware of this!

Question: if my aunt has legal custody over me, am i considered as a foster child? if not, what am i considered as? I grew up living with my grandma, then my aunt gained temporary custody, eventually she became my legal guardian. she tells me that im not a foster child but she wont tell me what i am. i have to be considered as something.

Answer: You are her adopted child. A foster child is one who is a ward of the state and has no legal guardian.

Question: What is the difference between physical custody and legal custody? The biological person of my daughter is attempting to ruin my life by trying to contact my daughter after years of not paying child support and seeing her. He cussed me out the other day and told me he would see me in court, and that I can't keep his daughter from him. I can write a 300 page book on why he can't see her, but basically he is not a good person. I am trying to talk to a lawyer but they are so HARD to get ahold of. Any advice from law students or lawyers out there. I'm in California. Im very worried a judge may give some sort of custody because he/she may say it's in the best interest of the child. (She is nine and hates him!)

Answer: Physical custody refers to the care of the child (feeding, supervising, etc). If parents have joint physical custody, then they both have periods where they care for the child. This is where visitation also fits in - if a parent is granted visitation, they are given periods of physical custody. Legal custody refers to who gets to make decisions for the child (like where they go to school, where they will live, etc.) Normally, parents are granted joint legal custody (which means they have to make a joint decision), unless one parent is not acting in the child's best interests.

Question: How can an 18 year old gain legal custody of his younger brother after his parents died? The 18 year old is still in his senior year of high school. How would he go about doing this over other potential relatives (aunts, uncles) if he deemed himself the right person to protect his younger brother? What process does that take? How quickly? Who would be granted legal guardianship immediately after the death of the parents, and how would that be overtaken? (Sorry for the very lengthy question - just directing me to a site where I can ask this in full detail to a professional would be of great help)

Answer: if the parents had a will and specified who was to take care of the sibling, that person would get custody. As far as the brother getting custody - if there was no will, he'd have to show the judge that he was the best possible person to raise the brother. He'd have to have a job that was good enough to provide for himself and the brother so that he could pay for a place to live, bills, etc. He'd also have to show that he would do what is in the best interest of the child as far as school, watching him, etc. a child is a huge responsibility so the judge has to consider who will meet his needs the best. Unfortunately, being a teen parent is quite difficult and chances are, the brother wouldn't receive custody just because finishing high school while holding down a full time job AND raising a kid is all next to impossible. As far as the process - go to a lawyer who does free consultations about custody or probate issues and start there.

Question: What is the difference between guardianship authorization and legal guardian (legal custody)? My guardianship authorization have expired to take care my niece but she still live with me. Am I still consider as the legal guardian?

Answer: The guardian authorization is a temporary measure. You need to renew the guardianship authorization or contact the court to seek info/guidance on measures to petition for permanent (legal) custody if desired.

Question: Does anyone knows how to amend the child legal custody to other parent in California? I divorced with my wife 10 years ago and now I want to amend the child custody from my ex-wife to me, how do I file the amend at the court? What forms do I need?

Answer: You need a lawyer especially if your ex wife does not agree to the amendments. She could fight it in court and you would need one anyway, might as well have it done right in the first place.

Question: what is the difference between parental rights and legal custody of minor? My nephew is incarcerated and will be there for the next 15 years, the mother of his children has asked him to give up his legal rights and to grant her sole physical custody. He has no control over the physical aspect but in giving up his legal rights does he give up his parental rights too? he wants to always be the kids father what should he do? thank you both for kind response and info... it really will help. Were in CA and his crime had nothing to do with child or spousal abuse. it was vehicular mansluter but they added 10 years for it being gang related

Answer: Granting her sole physical custody does not relinquish his legal rights. Relinquishment is called Termination of parental rights. Typically courts are not going to bastardize a child by leaving them fatherless and even if she had someone willing to be the forever dad it would take quite a lot for a court to grant that request. I do not know what he did to have to be serving 15 years in prison but if it was a domestic assault or child endangerment then a judge would probably be more inclined to terminate his rights.

Question: How do I convince the court to have my ex cover my legal fees in a custody dispute? Post judgement motion filed 13 years after divorce finalized. Son went to live w/ my ex because of behavioral problems & then my ex cut off all contact with me. Refused to co-parent and filed motion for sole legal/physical custody. Did not get any visitation/contact for almost 4 months. Ex took son's cell phone away for giving me his phone #, very beligerent. Finally arranged some regular visits (some my ex honored and some he didn't). Tried to settle 5 mos into battle, but ex refused. Two months later, while my son was visiting me, he changed the locks and would not let him back in the house (no explanation to this day). Hearing is next week, I am asking for the judge to award me my legal fees, in addition to sole legal/joint physical & child support. Can anyone offer any precedents to help my case for the legal fees? Also, we have proven that my ex is hiding at least $350K and lied on his filings & his tax returns.

Answer: "Precedent" does not establish the right to legal fees in family law cases. It is established by statute and by the terms of your orgininal agreement. If your case meets the statutory grounds for an award of attorney fees in your state, you get them. If not, no. The person to talk to is a local family law attorney.

Question: Can my godfather have legal custody of me? My parents are neglecting me. Don't want to go into details. I hate living in my home and I want to move to where my godfather lives. Is there anyway he can get custody of me?

Answer: Not without your parents approval. Godfather is not a legal position.

Question: Is there any help for a person that has Legal Custody of a minor child that is not related to that minor child I was contacted by my local child services ,about a friends minor 16 year child.She(the Mother) is presently in custody in local jail and waiting for a open bed in TDOC .The childs father is not able to handle and take care of the child.The child had been in state care for 11 months,Child services asked if i would be willing to help and have home visits and get custody of this child.A back ground check was done on me and all went good and after a mouth i was awarded Legal Custody from the Courts.The child was able to keep the state insurance.which helps out alot.His father works and has never payed child support since him and his wife(The mother) seprated and divoced.The state served him with papers on child support the day of the costody hearing.

Answer: if you have custody you are the parent, the legal guardian. blood doesn't matter legally. you should be getting child support from the father. if he doesn't pay it doesn't mean he doesn't have to. if he refuses to pay you the gov. can take the child support strait out of his paycheck and put it in your bank account.

Question: How does a father obain legal custody of his child? The mother has 3 kids and the 1st 2 were removed from the mothers home before she had a 3rd child by another man and now he wants custody based on some of the conditions that he gets his son could that be possible. He still does not know why the 1st 2 were removed from the mothers home...

Answer: To learn how to prep for a custody challenge, go to Dads House in Yahoo Groups. There's a free manual there that will teach you all you need to know, and association with others trying to do the same thing. http://Dads-House.org/ \\\\\\\\\\\\\\\\

Question: i have temporary custody with no end date what legal rights do i have to keep my child during custody battle? i have temporary custody of my child, there is no end date on the notarized affidavits. i unwillingly allowed my ex to have our child because of my overseas deployments. i even paid child support. my child has stated that she wanted to live with me. can i invoke my rights and keep her. neither parent myself or my ex has legal custody. i was told whoever has the child is the custodial parent. is any of this true and what legal right do i have to keep my child while i file for file custody.?

Answer: You are not receiving good information. If you had notarized affidavits with an agreement between you and your ex regarding custody, that is the legal custody agreement. Of course, it can be changed by court order. File a petition for a custody order in the state and county where you are now temporarily living with your child. Do it with a lawyer.

Question: Can I leave the state if my ex only has supervised visitation and I have full physical and legal custody? My ex has supervised visitation every other Saturday for two hours with my two year old. I have full physical and full legal custody. What happens if I just leave the state but continue driving for the visits?? He does not pay child support and is a user.

Answer: Check with an attorney or the clerk of the court to find out what limitations are placed on you in the custody agreement.