Sole Legal Custody
When one parent is awarded sole legal custody, that parent makes all decisions regarding the health, education and welfare of the child (and the other parent has no input on these decisions)
Question: how do i get full physical custody after a divorce? me and my ex,who is not a u.s citizen,has been making things extremely difficult for me and my son.he is very unreasonable and is bitter and is trying to make my life miserable! my son is 4 years old and is having a hard time with his behavior towards me.i want the court to terminate visitation until my son is older and able to deal with his feelings.
Answer: talk to your lawyer...... and be a model citizen.
in other words... have a good record.... don't kill no one.... don't steal... or do drugs.... don't drink in excess..
Question: If my ex and I have both legal and physical custody of the children, who claims them on taxes? I have two children in wich spend both 50/50 % of the time with each of us, my ex is in school and has not worked one day of 2008. I am the sole provider for the children when they are with me and when they are with her because i also pay child support, can i claim them instead of her?
Answer: Dear Me,
Congratulations on identifying a good legal issue that needed to have been resolved simultaneously at the time custody and support were decided.
Try reaching an agreement between the parties, including offering one another alternatiing years.
If reasonableness and logic are impaired, plan on another expensive round of Court hearings which will generally lead to the Court imposing some rationale fair determination at substantial cost to the parties emotions, anger and infringment of child support payments. On the bright side(?) , your Attorneys will each be able to take their spouse's out for a nice dinner that week.
Both of you need to read this and decide the best course of action for your family's benefit.....
Question: What if the child is supposed to have 50/50 physical custody but the mom moved so 50/50 isn't being honored? If both parents filed for the child and child support is being paid, who can claim and what can be done to correct what's already been filed?
Answer: If she broke a court order you can take her back to court and get her in trouble.
Question: Do I need the biological father's permission to change a minor's name if I have SOLE legal custody? My almost 14 year old wants his last name to be the same as mine and his step-fathers. The biological father and I were never married and I hyphenated my sons name with my maiden name and the bio-fathers last name.
I have always had SOLE legal and physical custody of him; with the father only having summer visitation. The father has completely avoided him and his phone calls for over 6 months and told my son he doesn't want to be a part of his life. However, he does pay child child support that is garnished from his wages although he is over $8000. in arrears(that's another story). Due to the fact that I have the "sole" custody I was given the advice that i don't necessary have to serve or get the bio-father's permission. Is this true???? BTW, I'm in Florida ,,, the bio-father is in Georgia. Thanks in advance for any help.
Cari in FL
Answer: You can file a petition in your local court for the name change. Attempts to contact his bio-dad will be made.
He will be "invited" to a hearing, which will probably be before a judge, to give any reasons he might want to contest.
Your son will probably have to tell the judge what he wants to do, and, at age 14, his choice will have a bearing on the judge's decision.
If bio-dad has no problem, he merely needs to submit an affidavit (or simple statement) to that fact.
If he contests, you may need an attorney to continue the process for you.
Keep in mind that changing the child's name does not terminate bio-dads right or responsibilities. He will still have to pay child support. However, since he hasn't been paying and is in arrears, this may give you a carrot to dangle for other things.
Question: Legal Sole Custody Rights In The UK? Hiya there,
Me and my partner have a girl of 15 months. We have split up, and he has not been in contact for 3 weeks, not asked once how his daughter is. We are not married but have been together 2 and a half years. We have had a rocky relationship, he has cheated twice, he said he didnt want her when i was pregnant, he left me when i was pregnant, and was with someone else, and said he didnt want anything to do with me or the baby. ( Which i have on recording ) I am going to set the custody battle rolling. His name is on her birth certificate, do i have legal sole custody rights, or do i have to apply for them. Also does it stand a good chance me having the rights?
Answer: Your not likely to get 'sole' custody but likely to get resident parent rights. Your daughter has a right to access to both parents and her father has a legal and moral obligation to financially support her and possible you. Get legal advice and good luck. he may not want to have access and if so more fool him in the future your daughter will want to go know so be strong for her.
Question: I have sole physical and sole legal custody of my kids in indiana, I want to move out of state what do I do?
Answer: If Indiana law is anything like Texas law, then whatever is specified in the divorce decree is what you can and cannot do. If it does not specifically say that you cannot relocate out of state, then you are allowed to. If it says that you must notify the other party (your ex) prior to relocating, then that's what you do. It should be spelled out pretty clearly. If in doubt beyond this point, call your attorney, and ask. He or she will more than likely be happy to tell you.
Question: Father of my son filed for joint legal and physical custody, can I now file for sole custody. What will happen? Since my son was born I have taken care of him with no help from the father. He has been unemployed since he was born. We were doing every other weekend, until my sons father got his second DUI and went to Jail. Since then my sons visits with his father have been here and there. My sons father lives in a one bedroom apt. with his mom and sister. They all smoke pot. What can i do to ensure that I can get sole legal and physical custody of my son. Also he file for joint legal & physical just so he does not have to pay any support.
Answer: Ah...tip off the cops about the father's drug use. If they bust him (and his family), he will probably go to jail AND this will make him unfit for custody. Problem solved. And for all the men who are going to give me a thumbs down, this is nothing to do with the sex of the parent, but the fact that I don't think that any parent should be using illegal drugs when they have children. It sets a bad example for them, and it is corrupting.
As for custody, you get yourself a lawyer and go ahead and file for sole residential and legal custody, asking for child support. And ask for supervised visitation based on the fact that the father has had two DUIs and you believe he uses illegal drugs (ask that the father be randomly tested for drugs and alcohol). If your lawyer is good enough, you will get custody easily. The courts aren't going to give custody to a drunken drug user.
As for child support, he will be ordered to pay but he will probably refuse. The courts can then cancel his driver's license and passport, and seize his tax return and possibly other assets (like a bank account, car, etc.). And if he still refuses to work to support his kids, he could even go to jail.
Question: can a parent get joint custody of the children once sole legal custody has been awarded. 5 years have passed?
Answer: Yes you can go back to court anytime you have new information or circumstances change
Question: Sole legal and physical custody he has supervised visits? I have SOLE LEGAL AND PHYSICAL CUSTODY. My ex husband is allowed to see the kid's with 24 hour notice. He comes 1-2 times every few months.
He doesn't even like his Mom, but she is bugging me to let her have overnight visits. She should be thankful that she even get's to see them from what she has done to us as a family before the divorce. Her own son does not want the kid's around her but I don't see a reason why she can't see them as long as I am there. I can not trust her to take them alone due to places she would go with them Ex-family that drinks and she cusses alot, and she does not pay attention to them if she has them alone. Since I have full custody SOLE LEGAL AND PHYSICAL..There is no way she can get "court ordered" visits in court because I am already giving her reasonable visitation when she requests as long as she is in town. "She is a truck driver" there was only ONE TIME that i told her no, cuz the kid's were sick.
She see's the kid's 1-2 times a month.
I was told that if she wanted more visits she would have to do it on her son's time when and if he ever got back visitation which probably won't happen since he tried killing himself 2 times already while the kid's were with him. That she should be happy she gets ANY time with the kid's because i am not legally obligated to let her, but I chose to let her see them if she is in town because I"m not a mean person. I just do not trust her alone with my children, and in the best interest of them, they will not go with her alone.
Isn't it in the best interest of the kid's to keep them safe?
Well, why are people telling me she will get visitation when her son doesn't even have visitation..
She's hardly ever in town
Answer: I would not agree to over night visits. You said you don't trust her, so just say No! keep your kids safe
Question: With sole legal and physical custody can I have my daughter's last name changed? I have one child with my ex-husband. We have been apart for seven years. My daughter will be ten in a couple of weeks. During our divorce and child custody proceedings, I was awarded full/sole legal and physical custody and he was ruled an 'unfit parent'. His rights are only 'supervised visitation'. He lives over 500 miles away and has only seen our daughter once a year (for two-three hours) (as in two to three hours of seeing her ONCE A YEAR). He rarely calls (about once or twice a year maybe). He does pay child support because it is court ordered to be taken from his paycheck. I resorted back to my maiden name after my divorce. My daughter, of course, has his last name. Here's my problem. She absolutely does not want to have anything to do with her father any longer. She despises her last name and has asked me so many times if she could change it that's it's not even funny. She absolutely just cries over this issue all the time. I helped coach her soccer team this season and we ordered trophies for the children. We had the names of all the children placed on these. She begged me not to put her last name on there (just her first). I did that but, honestly, I felt horrible for her. I can't say that I blame her one bit...her 'father' is no kind of father to her, but wow, it just broke my heart for her. I know that he would never willingly give his consent (even if he knew he would never see her again in her life--just for control/spite/possible embarrassment to HIM) he just would not consent I know. Considering the circumstances, is it possible to have her last name changed since he has no legal custody or rights other than the supervised visits?
Answer: Even if you have sole custody, both physical and legal, the father still has to consent to a name change for the child, even if he only has supervised visitation.
However, there is another way... you can petition the court for a name change, but have to PROVE that changing your child's last name is in HER best interests... not just because you and her "want" to. So, it's unlikely that you will be able to do it, and she's going to have to wait until she becomes an adult to do so.
Question: If I have sole custody of my children, can I move out of state without my ex's consent? I have sole physical and legal custody of my children. My ex does not see them and does not wish to. Can I move out of state without his consent?
Any visitation is up to my discretion.
Answer: I certainly hope he does. He just needs to file an injunction, which he can do up to six months after the move to require you to return the child back to the state. Better go to court first.
Question: i have sole physical custody and me and my ex have joint legal custody? Can my ex take our daughter to the doctor for a non emergency without my permission?
Answer: Get over yourself. You are NOT the sole authority on anything as regards your daughter.
If you have joint LEGAL custody, chances are 99.99% that you have joint PHYSICAL custody as well. You have been granted primary custodianship of your daughter, which is another matter entirely.
In any case, he is the child's father, you have no fewer, and certainly no more, rights and authorities as regards your (PLURAL) child.
Question: can someone tell me best way to get sole legal custody of my husband's son? My husband and I have physical custody of his son. My stepson lived with his grandma since he was 3. His mom has since had two other kids with two different men. 5 months ago his mom decided she wanted Anthony to live with his dad and not his grandma. So he has been living with us ever since. We want to know how we go about getting legal custody of him?? I worry that if we don't have legal custody that if he gets hurt we won't be able to take him to a doctor without needing her approval, we won't be able to put him in school, etc...Oh and they have never been married if that helps!! If anyone has info on Ohio custody laws for parents who were never married that would be great!!!
I'm not trying to "interfere" as you put it. I'm researching for my husband. Also, my stepson's grandmother does not have custody of him either. No actual legal custody has ever been established. My stepson's mom may actually be willing to give us custody since she gave him to us anyway. If this is the case and she is willing to give us custody do we still have to go to court or could documents just be signed or what?
Oh and my stepson is only 5. He will be starting school this year and we are worried about getting him into school as my husband's name is not on the birth certificate since they were not married.
Answer: I don't know HOW you do this, but I answer to tell you that you should do it IMMEDIATELY. Worse than the problems you mention, if you have no legal standing, the child could be removed from your care at absolutely any moment. My husband's daughters were left with us and he never adjusted custody; his ex came and picked up the kids after 5 months with no notice. She took them out of state, where they live in an unfurnished house, sleep on the floor, seem to have little supervision of their education and she NEVER takes them to the doctor, even though he provides insurance. It's heartbreaking, and I suspect we could have at least slowed things down if we'd adjusted custody. So, don't delay. You'll become attached, and it'll be awful if he gets torn away from you.
Question: Do I have sole physical and legal custody? My son is 5 years old and his father and I were never married. He wasn't there when he was born so he wasn't put on the birth certificate. When my son was about 6 months old we went to the courthouse and had his name (the father) put on the birth certificate and changed my son's last name to his as well. The father signed a paper waiving his right to a paternity test when I sought child support from him. No legal documents (court orders) were ever issued concerning custody or visitation rights. He has been in and out of his life since he was born, seeing him once every few months. There is a lot more to the story of how crappy he is....but i just want to know....if I do or do not have SOLE legal and physical custody since we were never married. We live in Georgia if that helps at all.
Answer: Without a court order stating such, legally the answer is no, especially since he does pay child support and has not been banned from seeing the child by the courts. Sole custody is a legal term as is physical custody. You are performing those duties currently, but at any time, your child's father could ask that the courts make an order giving him joint custody or even sole physical custody of the child. I doubt if that would happen based on what you have said, but legally it is possible.
Question: Does anyone know what "Dissolution with Child" mean? I am trying to get sole legal custody of my son and ..... received this order from the judge in the mail. He set a hearing for dissolution with child and I don't know what that means. I am also attempting to stop my ex from seeing my son anymore.
We are scheduled to go to family court for many issues in august. I was under the impression that the visitation and custody issues would be decided then. Is it unusual to hold a second hearing, with the same judge, and call it a dissolution with child?
Any help would be greatly appreciated on this.
I do have an attorney and she is excellent. I received the order in the mail yesterday and she is not available this weekend to answer my question. I am very nervous about this and would like to know something asap, so I don't worry all weekend.
We were divorced in 2003 and the final J and D came in in 2003. This is a whole new hearing to deal with many issues which have come up over the last 3 1/2 years.
Also, the judge has requested to see my sons at the second hearing, which I am under the impression, is very unusual.
The first hearing in August was supposed to have adressed custody, visitation, child support, etc.
Do you think it is unusual that the judge would order this 2nd hearing when we are already divorced and have a hearing set up for all the custody issues?
Answer: Dissolution means a divorce.Divorced w/ a child. Odd that the judge uses that term.
A decree of dissolution restores the parties to the status of unmarried persons,and may become effective immediately unless specifically stated otherwise in the decree. This is a change from the old law. Make sure you read your decree to be sure of the effective date.
The decree of dissolution also sets forth the amount of child support that needs to be paid, the property division, who gets custody and other important decisions relating to the termination of the marriage.
Question: If I have sole legal and physical custody of my children, can my husband (their stepfather) still take care of? them if i die (meaning my husband have custody)? If so, do I just leave it in a will? Their biological father is very irresponsible.
Answer: To be sure, it would be advantages for your current husband to legally adopt your children now. In the case of your death, this is the only thing that would ensure him of no interference from the biological father.
Question: Is it wrong for me to want sole legal custody of my child? He's more of a "playmate". He takes no interest in my childs education, only around when it's convenient for him...So many broken promises to my little one with me left to pick up the pieces...
Answer: Nope, that sounds like what you need to be asking for. Good luck!
Question: Can my son's father grant me sole legal and physical custody with a notarized letter? is that legal? My name is Yeny and I have a 2 yr old son. His father and I planned on getting married but due to different circumstances that never happened. My son has always lived with me. His father is very unreliable and can never keep a job for more then a few months.He contributes very little if at all financially. He shows very little interest on his son he more interested in having a relationship with me and not his son. We had a conversation in which I proposed that he grant me sole physical and legal custody. I told him he would not be financially responsible for him either. He agreed. Could this be done? And if we were to change his mind later down the road after he has already signed our sonâ€™s custody over would this document hold up in court?
Answer: DEPENDS ON YOUR LAWS, BUT I SAY NO, YOU NEED TO GO TO COURT. AND YOU WILL NOT HAVE TO WORRY ABOUT HIM SHOWING UP IN A FEW YEARS.
Question: Can you still receive shild support once you have gained sole legal/physical custody of the child? My daughters father is in jail, he's due out in Oct of this year. We are not married and I no longer wish to have any ties with him whatsoever. He went to jail when I was still 5 months pregnant, has never seen her (except pictures) and has obviously never been in her life. I do not receive any support from him now, but I was wondering that if I obtained sole custody to where he was allowed nothing to do with her life, would he still be obligated to pay me child support?
He is a habitual drug user, has been arrested for domestic battery (against me), has been in jail 3-4 times for selling drugs, also has a history of documented (in the courts) violence...
When i go for the sole legal/physical custody, I will be asking for him to have NO visitation because i honestly do not feel that he could benefit her life in any positive way... that is why i was wondering about the child support still having to be paid?
no he is not on her birth certificate and she has my last name
Answer: If he relinquishes his rights (or it is decided for him by a judge) he will not be responsible to pay child support. He will also not have ANY rights to that child and therefore cannot demand visitation or get custody of the child.
If you can prove that he is unfit or is a danger to the child, then I would go that route so you can get the judge to revoke his rights if he won't do so willingly. Otherwise, you might get physical and legal custody, but he could get visitation rights. (You would also get child support) Good luck.
Question: How hard would it be for me to get SOLE physical and legal custody? I live at home with my parents and work for my mom's store full time in exchange for all out needs to be met (as a volunteer legally and such) until the store is doing well enough for me to get minimum wage. I would take him with me each morning into the part of the house that IS the store (closed in garage). All of my family support is here also.
He lives with some guy 30 minutes away from me. His parents disowned him so he has no one but a daycare to keep him if he had to work a day shift. God only knows who would keep my son if/when he works a night shift....
I do NOT want to list him on the birth certificate, but to be honest, we ALL know how expensive insurance is and even if I WAS working full time somewhere else, I would still need the Medicaid for him... The only way I think he can stay on it is if I list the father...
Does anyone know how hard it would be for me to get sole legal and physical custody?
Please no rude comments.... I'm trying to do whats best with the circumstances I've been handed!
He does weed and drinks heavily since he was disowned... That's just what I KNOW about...
I don't trust him with his own child to be honest.
The website says I have to cooperate with child support officals.... I doubt I would EVER see a dime, as he's a server and has to pay in taxes at the end of the year (I worked the same job with him, and you make more in tips than $2.15 an hour covers in taxes!)
Answer: Hello again :) Is that your baby's first picture I see?
Rules vary by state and by case worker. And I forget where you are. But here in Texas when signing up for medicaid, you can request that they not go after the father for help IF there is good reason to believe that it is not in the best interest of your child. You know that your ex is into drugs and doesn't have a good stable home/family life. You also know that thus far, he has not shown much (if any) interest in changing his ways to do what's best for the baby. ... If you explain this stuff to the case worker, they may totally leave the father out of it.
I have told you some about my ex. When I moved across state and had to reapply for my daughter to be on medicaid, I told the case worker about my ex being in a facility for people who have drug and alcohol problems. I also told her that I was concerned about my daughter's safety if he knew where I lived or got mad at me because he was having to make child support payments. ... I just had to sign a paper stating that it could put my family in danger and he never heard from them. (even after he got out and got a job)
You said that you do not want to list him on the birth certificate. So don't do it unless they make you. Don't list him when applying for medicaid either. When they ask about him, tell them that he was a mistake. He was into drugs and stuff and you are concerned about your son's safety if the father becomes involved in his life. ... They might still require a name, but I assure you that yours isn't the only case like this. They know that the child's well being is more important than collecting child support payments. It should work out right in the end.
BY THE WAY
Above doesn't really answer your question. Does it? ... From what I have read, if the father isn't on the birth certificate - by default he doesn't have any fatherly rights. But if he decides that he does want to be a part of his son's life and gets a DNA test and stuff - then you will have to work that out in court. Which means keeping track of any time he has been arrested or anything could come in handy.
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