Custody

Question: custody???!?!? what steps do i have to take to file for sole custody for my son. i know since my sons father and i arent working out, i want my son to live with me. his father can have weekends, alternating holidays and vistation whenever he wants, but i dont want my son living with him... how to i go about on filing for custody?? Does it matter that even though my son's father and i arent married, that my son has his last name? what are the chances of me getting sole custody?? any information would be greatly appreciated

Answer: It doesn't matter if your son has your last name or his father's last name. The best thing you can do is talk to a laywer about your rights and the laws in your particular area. Best of luck!

Question: Custody ???? what is more common... joint custody or sole custody?

Answer: there are 2 types of custody, legal and physical. so it really depends which one you are talking about and the situation. lets just say the child lives with the mother but the father has court ordered visitation, the mother has physical custody (basically that means is thats where the child lives) but most likely parents share legal custody (that basically means both parents can take child to the dr, be included in school and religious choices)

Question: What exactly is Joint custody for children and how can a father get joint custody in California? If a couple files for divorce then on what grounds is child custody provided? And what are the pros and cons of joint custody? How in California state one can get Joint custody? Or even it is possible to get Joint custody in California? Does judge gives importance to children wishes even if the kids are below 18 , OR court just straightaway gives full custody to the mother? Also if one finally gets the joint custody and then decides to move out of state and wants to keep the joint custody, then is it possible and how?

Answer: Joint custody is very common in California. A parent has to demonstrate inability to care of the child to not receive joint custody. The Judges try to get families to work out custody and visitation themselves through mediation. This process is required and very few cases actually end up being decided by a judge. 90% of the time the judge rules with the mediator which is a therapist. I'm not sure who wants to leave the state, but if you want joint custody you will have to keep the child in their current school and environment. Divorce is hard on children and divorce along with a move would be hard on him/her.

Question: How is custody determined when social services takes the kids? A woman I know of is most likely going to lose her kids due to abuse. Kentucky social services is talking about giving "indefinate" custody to one of the kids' (divorced) grandparents or other relatives like an aunt or uncle. How will they determine who will get the children? Living conditions, location (as in how close to the mother), financial stability, etc? Can an unmarried, heterosexual, financially stable couple ask for custody? How much will small-town politics help someone who doesn't deserve the kids gain custody? If custody is granted to someone and they move in with the mother, will social services re-take the kids? **Anything** you can tell me related to the above would be appreciated, especially if you can provide links.

Answer: The best interests doctrine will always come into play. Before the custodial rights can be permanently terminated, the courts have to get involved. At that time, the judge, in conjunction with Protective Services, will evaluate the parents -- and determine if, in fact, abuse did occur. . . what type and how severe that abuse was . . . as well as who the perpetrator was. They'll determine which of the parents (if either) are more apropriate to care for the children -- mentally, physically, financially. If the parents live together, or are both abusive (or provide an inhospitable environment -- such as alcholics, drug abusers . . . ) the court can look outside the parents to grandparents, adult siblings, aunts/uncles. . . If nobody there, is available and appropriate, the courts will look to foster care . . . at any rate -- the first transition is usually temporary -- pending a change by the parents (completion of drug rehab with so many months clean . . . completion of anger management and parenting courses with continued therapy . . . ).

Question: What's the difference between Joint custody and sole custody? My fiance has joint custody with his ex (they never got married). They had a 6 year old little daughter together. I am just wondering what is the difference between joint custody and sole custody. According to his ex, she wants sole custody of the daughter and collect child support.

Answer: Joint custody means that both parents have the right to make decisions (religious, school, medical) as to the best interest or needs of the child. You can have joint custody even if you're a non-custodial parent paying child support. Generally, joint custody orders of the court will award both parents joint custody with the child being in "primary residence" with just one of the parents. Sole custody means that only one parent - whichever one has "sole custody" - can make decisions for the child and in the chlid's best interest, including moving out of state, medical decisions, school decisions, etc. This would mean that the mother would not have to cosult your fiance on any decisions she made for the child prior to doing so (although he could take her to court to challenge her decisions - this is a long and costly process). The Court generally only awards sole custody in cases where the child's welfare is at issue, for instance if the child has a chance of being abused, abandoned or neglected if joint custody were awarded to the non-custodial parent. Your fiance doesn't have to accept his ex's bid for sole custody. There are ways to go about fighting a motion for sole custody in court without an attorney, but since the subject matter is difficult to traverse, my best suggestion is for him to invest in hiring an attorney to defend his case, because the mother of the child will have to make allegations to the court as to why the child should not be in the joint custody of both parents, and this is a complicated legal process that will take someone with a lot of knowledge to defend adequately. Best wishes, BJ

Question: What would it take to sign over custody from grandparents with permanent custody to one parent? My parents have had permanent custody of my daughter for almost six years. I am now getting married and moving out of state, and they have agreed to let her move with me, but they are telling me that signing over custody would require an extensive legal process as well as involving her pretty much absent father. I don't think it's that complex. Is it possible to sign over custody simply? What will it take to obtain custody of my daughter again, since both parties involved are in agreement and want this all to run smoothly?

Answer: Hi, Actually it could be quite simple if all parties are agreeable. You do not need an attorney to take care of this matter. You can proceed pro se. Your parents can go to the clerk of courts in your county and ask for the forms to fill out to change custody of a minor child or modify custody. Fill the forms out, file them and a court date will be set. You will all appear in court and you're appearing pro se, asking the court to change custody of the minor child. If everyone is in agreement you will have no problem. If not, it is best to hire an attorney. Whatever you choose to do, it is NOT an extensive legal process. The absent father may have to be present and or, agree however. "If parents voluntarily wish to change custody, they may do so without having to prove special factors such as endangerment or a change in circumstances. Parents may change custody without obtaining a court order, but if the parent receiving custody wants to make the modification “official”—thus making it more difficult for the other parent to regain custody—it is best to obtain a court order modifying custody." See: http://www.abanet.org/publiced/practical… This site has each states forms for custody and support issues that you use to do the petition pro se: http://www.childcustodycoach.com/free-on… You can also file for custody yourself, pro se, by filling out the forms to gain custody instead of a modification. You would go throufgh the same process as explained above. JOSA

Question: What is the custody process for godparents is one biological parent is still around? I am 15 and recently lost my father who had custody of me for the past 8 years. My mother is alive and lives in another state. My father's will said that my godparents who I am currently living with will take custody should anything happen to him. That is where I want to be. Is that good enough, or will there have to be court for custody? Or does my mother have to terminate her rights? She has her new life now and doesn't care much for my company anyway. It was obvious at the funeral.

Answer: Your mother would have to agree to the custody arrangement. If her rights were never terminated she has a right to say whether or not you live with her. Unless she is deemed unfit by the court or something. If she is ok with the current arrangement, I see no reason she would have to terminate her rights (unless they want to legally adopt you).

Question: What happens with sole custody with joint managing conservatorship in the event of my death? I will soon be getting a divorce with joint managing conservatorship, with my soon to be ex-husband getting minimal rights. I will have sole custody and he will have standard visitation. I am wondering though, in the event of my death, how do I arrange for someone else to have custody? For instance, if I am remarried, how would I arrange for my new husband to have custody?

Answer: i have done some research on this subject for personal reasons and basically you cannot arrange for someone else if your ex is will and able to take custody. Even if you state in your will that your new husband is to have custody, that is not a legally binding contract and all it does is state your wishes on the matter.

Question: How does custody work without a legal document from the courts? Say custody is withheld from one parent, specifically the parent taking the children somewhere. i understand that parent can get a police office to get the kids, right? or at least get a court order to obtain custody/visitation? but would that take hours or days to get a hearing to order the other parent to give "up" the kids? im sorry if thats unclear. i think im asking this the right way.

Answer: When you're married, your spouse has the same rights to your children that you do If you decided to keep the children from them, they could call the cops and get them from you You have to go to court and prove the other parent is a danger to themselves or the kids to restrict access to them If you're going through a divorce or separation, you can file papers through the court, it's easier when the other parent agrees, In that case you can have an attorney draw up paper and file them with the court

Question: Who gets custody if the parents are unmarried and illegal immigrants? My unmarried friend had a kid and now has separated from the baby's father. She wants to have custody of the kid because she is afraid the father could take him away to Mexico. Who can have custody of the kid, who was born in the US, if both parent are in the US illlegally?

Answer: There's no court order of custody since there is no divorce. Neither one of them can remain in the US. The baby has a right to citizenship in its parents' country of citizenship. She should get her child a passport from the nearest consulate of her country of citizenship and take her child home with her urgently. Actually, if she is deported, the baby can be taken from her and put into a foster home. If she wants to keep her baby, she'd better get it a passport for her own country and take it with her.

Question: How does custody work if he has a restraining order against me? I have sole custody, but I want him to have a relationship with his child, so, I was going to allow him visitation. I know I can't be around him, how does this work??? I have sole custody because we were never married!

Answer: Do you have any family members that can help you with this? if not... Your local child protective services and courts can help you make appropriate arrangements for your child to see their father in a productive safe way that you don't have to be there. Consult an attorney if necessary.

Question: How can we revoke custody from one sibling to give to to the other? The child's (in question) mother is deceased, murdered by the father who is now in custody in a foreign country. A sibling recently, after 4 years of this incedent obtained custody, However there has been proof of negelct and the other sibling wants to fight for custody and possibly look into adoption of the child to protect her from being taken by the father when he is released.

Answer: The other sibling can file for custody, the neglect must be well documented and not just one persons opinion. Just so you know the chances of the father ever getting the child is impossible if he was charged with murder espcially since he murdered the mother

Question: How can I regain permanent custody of a child in Illinois in temporary custody of a family member? Does anyone know the requirements under Illinois law regarding the return of a child currently in temporary custody with his aunt? My son seeks to regain full custody and would like to have some information before he approaches his sister, the courts and state over this matter. Thank you for your assistance, it is greatly appreciated.

Answer: Here's some sites to help you read the laws for illinois. You also might need to contact the clerk of the court to ask them how you can start the process. http://www.michie.com/ http://www.helpyourselfdivorce.com/illin… Good luck. R

Question: What is the difference between custodial parent and sole custody parent? So from my understanding if you have joint custody, neither pays child support. If you are the custodial parent does that mean you have full custody of that child? Is having sole custody the same as having full custody? If the dad did not sign the birth certificate, but the state established paternity and pursued child support through the courts, and added his name on the birth certificate, would that make him have joint custody? Please help me understand this.

Answer: Joint custody means both parents have equal rights to the child, however, if a custodial parent is established then the other parent will have to pay child support. The custodial parent is the parent the child lives with the majority of the time. The only time child support would not be ordered to be paid is if you and the child's father both have the child equal amounts of time. Full custody is where one parent has the right to make all major decisions for the child without having to consult the other parent. It's difficult to get full custody without proving the other parent is unfit or a danger to the child. Sole custody means you have all rights to the child, including the right to keep the child away from the other parent should be pose a threat to your child's well being. Most courts rule in favor of joint custody, which is entirely different than 50/50 custody, and without a ruling stating otherwise it's usually assumed joint custody. My daughter's father and I have joint custody, but I am her custodial parent, so I still get child support because I provide for her more than 50% of the time.

Question: What type of custody does a parent need to enroll a child in school in California? I am going to have my kids live with me soon, and i will need to enroll them in school, I have joint legal custody of my kids, and my ex wife has primary physical custody, can i enroll my kids myself or will i need my ex wife to enroll them?

Answer: Family law has so many variations. Without paying for legal advice, I suggest you check with the school system first and be prepared with copies of the court documents, indicating who has custody, and a notarized letter from the other parent, indicating her agreement. That really ought to cover it.

Question: What factors decide who gets custody of a child? My girlfriend has a 2 year old daughter. She is 22, I am 21. We both have felonies. Her ex, who is the child's father, has threatened to take her to court to try to get full custody. My question is, What do the judges look for in a custody hearing. I love her with all my heart. She is afraid that because of our pasts, he will get full custody. We live in Ludington, Michigan. Any information would be greatly appreciated.

Answer: Well a felony wont help, but most mothers gain custody, the fact that they have a felony can be used by her ex, but if he is going to try to do a character assignation his would be brought into question too. They would want to see that the children's needs are the priority of the parent and they have a stable home. At 2 she needs to be stimulated and have some social skills so is she meeting her development milestones, if not what is holding them back. They also want to know that the relationship she is in now is stable and the child is not being exposed to risk or harm. Reports from nursery GP's etc saying your a dedicate mum or your current boyfriends boss would help. If finances are an issue and your ex has lots of cash he may have to provide more child support so watch his submissions closely. Are there any other important people in this child's life that have a relationship which is important to the like Grandparents who offer support and assistance to the household. Who has the better accommodation and are there any concerns about the parenting skills or has the child a good routine. Add to the question saying what you both did, so you get a better response. Michigan have their own definition abouts what is in the best interest of the child see link. 722.23 “Best interests of the child” defined. Sec. 3. As used in this act, “best interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court: (a) The love, affection, and other emotional ties existing between the parties involved and the child. (b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any. (c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs. (d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity. (e) The permanence, as a family unit, of the existing or proposed custodial home or homes. (f) The moral fitness of the parties involved. (g) The mental and physical health of the parties involved. (h) The home, school, and community record of the child. (i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference. (j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. (k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child. (l) Any other factor considered by the court to be relevant to a particular child custody dispute

Question: How do I obtain custody of my child as an unwed mother and the legal right to move out of state? I live in the state of Nevada and want to know how to obtain custody of my daughter and the right to move her out of state to California.Her father and I were not married but lived together for 5 years.I don't want a messy court battle.Her father has been violent with me on several occasions but I have no documentation of it.Am I just stuck..is it necessary for me to obtain his permission to move out of state. And where do I file for custody and child support?

Answer: you do not want to be stuck, but you are, i highly suggest you consult with a good local lawyer regarding that. Good Luck

Question: How do I go about getting custody of my son? My son no longer wants to live with his mother and she say's that she wants to give him to me. I just don't want this to be something that she can change her mind on. I want to go for any type of custody as I would never keep her from him though I'd prefer full custody and after I get it I will go to court for child support. I've got to take care of custody first though. She has full custody as of right now and my son is 7.

Answer: First, why does motherhood rules say that no judge will give you full custody? Assuming legally you can have full custody, a good judge will give it to you, if you prove your case. What motherhood rules means is that there aren;t any good judges. That is a more accurate statement. Remember, the government wants kids living with trashy mothers to build up the army.

Question: What is the difference between a Custody Evaluator and a Guardian Ad Litem? I have custody of my 2 daughters. My drug addict husband wants me to pay for half of a custody evaluator because I guess he wants custody of our children. I think the difference is that one is court appointed and one is hired by the parent. Wouldn't that make the parent-hired one a bit bias? Also, wouldn't I have to agree to whoever he hires to allow them in my home or ca he hire anyone he wants and I have no say?

Answer: you need to make sure the courts appoint a law guardian for kids!!do not hire one i have been through this!!!

Question: How do I get custody of my younger sister? I have had my younger sister 14yrs living with me and I want to get custody of her. My mother agreed to sign over custody to me do I need her father to sign also? Can I get the papers at a courthouse or do I need to go through a lawyer?

Answer: It can all be done in family court. If the father has no custody rights then in most cases, you don't need him to sign. Call your local court house and they can tell you where to get the right papers to file.