Who gets custody of a child when a parent dies?
I am a divorced single mother. I have full custody of my 5 year old son. My ex husband is not a good option to raise my child (you will have to believe on blind faith here, I don't have enough room to explain why) and I want to know who would get custody if I died. My parents are very close to us, we are at their house at least once a day and I would like them to gain custody. My son's father has not visited him since 2009 so my son does not really know him. Would there be a way to assure my parents get custody?
How do I get custody of my child after a divorce?
Nothing is forever, not even the terms of a divorce decree. If the custody arrangement in your decree no longer works after your divorce is final, you can ask the court to change it. You’ll need a very good reason, however, and you should be specific about what you’re asking for. Most states refer to "full" custody as “sole” custody.Step 1Check your state’s laws regarding changes to a custody order. Some states require that, absent an extreme emergency, a certain amount of time must pass after the court signs your decree before you can ask to modify it.Step 2Document whatever circumstance has changed to warrant a modification of your custody arrangement. Your case may hinge on proving the material change of circumstance to the court, so take your time and be thorough.Law Offices of Hernandez and SmithStep 3Visit the courthouse where you received your divorce. Speak with the court clerk and ask for the appropriate forms to file a motion for modifying custody. Some states call these “post-judgment” motions and others call them “motions for modificationStep 4Complete your motion and affidavit. Make copies of the documenting proof you’ve gathered regarding the change of circumstance, and attach it to the affidavit.Step 5File your completed paperwork with the court clerk and ask about what rules your state has for serving a copy on your children’s other parent. Some states will allow you to do this by certified mail; others might require that your county sheriff deliver them.Step 6Attend the court hearing when the clerk notifies you of the date and time. Your mission is not just to demonstrate to the court that your children’s other parent should no longer have custody. You must also prove that your children would be better off with you. This means being factual and cool-headed when you orally present your case to the judge. Your ex-spouse will probably try to prove that you’re wrong, so hold on to your temper and emotions.For more information visit this website:Law Offices of Hernandez and Smith
If a mother and father get divorce who get ful custody of child?
If the child is underage, the mother is the one responsible for taking care of the child, and then the father will be supporting the child financially, but it is much better for the parents to fix their family problems not leading to a broken one because if they really are concern and love their child/children more they must find ways not to part ways...as if love conquers all...while it's not yet too late for them to do so, it is the children who suffers a lot...I've already experienced that since my father abandoned us. It's really hard. Why asked? Thanks anyway.
Does the child get a say in who gets custody?
No. The judge decides. Not your parents, and not you. the judge will ask you parents MANY questions -- how much they make, where they are going to live, will you have your own room, how good the schools are, where they go to church, and thing like that. Now, the judge MIGHT ask your opinion. So you have to be REALLY smart. if you start crying, and talking bad about one parent or the other, or start giving childish answer like, "Well, I wanns stay with my Dad because he likes video games", or "I want to sty with my Mon cuz she's like sooo cool and buys me anything I want!" the judge will think you are just another bratty little kid, and he won't listen to you. YOUR answers, IF he ask you any questions, have GOT to be VERY smart and VERY adult. You might say things like, "My Dad lives closer to school than my Mom, and that would give me a better chance for taking part in other activities at school." or "My Mom makes us go to church, but my Dad stays home on Sunday. I like to sleep on Sunday, but I know it is good for me to go to church." Of course, EVERY thing you say has GOT to be true!!! Don't make up any lies. But the judge will NOT let you decide who you live with. he will LISTEN to you (IF he even asks you anything), but the JUDGE makes the decisions. When you turn 18, THEN you can decide who you want to live with -- you Mom, Your Dad, or even by yourself. But if you decide to live by yourself you will need a REALLY good job, and a car, and an apartment. SO be VERY VERY GOOD to BOTH parents, or you might not have anyplace to live when you turn 18.
Who gets child custody in India?
custody of minor child to fathercustody of minor child to fatherCustody of minor childGenerally as per law i.e section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old.But there are some cases in which custody of minor child was handed over to her father.How to have custody of minor child below 5 years if you are a father.In Anil Kumar pradhan Vs.Smt madhabi PradhanIt was held that though section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old but in this judgement the court has said that welfare of child is more important.What is welfare of child?Welfare of child cannot be measured by money or physical comfort alone,tie of affection also cannot be disregarded .moral and ethical welfare is more important in deciding the custody of minor child.if father was taking care of the child since birth and child has more affection towards father then even section 6 of Hindu minority and Guardianship act 1956 is not a bar.held in kajal vs. Rajesh RanaIn Nil ratan Kundu Vs. Abhijit KunduThe judgement of the child is also a relevant factor though final decision rest in child’s ordinary comfort, health, contentment education and intellectual development.V. Ravi Chandran (Dr.) vs. Union of India and others in which a three-Judge Bench had categorically held,that under no circumstance(2010)1 SCC 591 (2010) 1 SCC 174 can the principle of welfare of the childbe eroded and that a child can seek refuge under the parens patriae jurisdiction of the Court.The court could go into the merits to determine as to where the permanent welfare layand ignore the order of the Foreign Court or treat the fact of removal of the child from another,country as only one of the circumstances and the crucial question as to whether the court (in the country to which the child is removed)would exercise the summary or elaborate procedure is to be determined according to the child’s welfare.By Adv Nitish Banka
When parents divorce, who gets the children?
At least in my state (AZ), the "Tender Years" doctrine is alive and well. There is an unwritten rebuttable presumption that mother gets custody UNLESS father and his attorney can prove by clear and convincing evidence that she is somehow an unfit mother. The reality of custody is that mother will get custody virtually all the time - particularly if the kids are small. People erroneously think that if mom is a little better, the judge will pick her to have custody. Or, if dad is a little better, the judge wil pick him. That is not how it works at all. Mom is presumed to get custody unless dad can show that she is an unfit mother That is just the reality. So, split custody is going to be hard to get because the judge is ruling that mom is fit enough to have at least partial custody. One way to get split custody of very small children is to show to the judge that there is a compelling reason why the siblings should be separated. Normally a judge would absolutely not want to split siblings. However, if father could show that there is a really good reason for the son to live with him, such as better access to medical treatment or greater access to educational, religious, sport, or any other activity, the judge might find it to be in the best interest of the child to be with father. If father is a lawyer, he would know that. A lawyer would know that the question that the judge will ask is "what is in the child's best interest?" You are going to have to think of a situation where it is in the daughter's best interest to be with mom, but in the son's best interest to be wit h dad. Moreover, mom is going to have to have incompetent representation or no lawyer at all (appearing In Pro Se) because her lawyer should be able to tell her what is going on. Maybe her lawyer is a family friend who is real estate lawyer and doesn't practice hard divorce matters that are contested with kids. That is a specialty and not every lawyer can handle it. So, let say the son has some strange disease that father was somehow better at treating or simply lived closer to the right medical help - that might do it. Or, let say the child showed early signs of being a musical genus (say like Mozart) and mom was tone-deaf but father was a great pianist and could better nurture the child's gift - that might do it. You get the idea. You are a writer. Use your Imagination!
Divorced Sole-Custody Parent Get passport?
Yes, Fred needs Lucy's Mom's signature to get a passport..... Two Parent Signature Law U.S. law requires the signature of both parents, or the child's legal guardians, prior to issuance of a U.S. passport to children under the age of 16. To obtain a U.S. passport for a child under the age of 16, both parents (or the child’s legal guardians) must execute the child’s passport application and provide documentary evidence demonstrating that they are the parents or guardians. If this cannot be done, the person executing the passport application must provide documentary evidence that he or she has sole custody of the child, has the consent of the other parent to the issuance of the passport, or is acting in place of the parents and has the consent of both parents (or of a parent/legal guardian with sole custody over the child to the issuance of the passport). EXCEPTIONS: The law does provide two exceptions to this requirement: (1) for exigent circumstances, such as those involving the health or welfare of he child, or (2) when the Secretary of State determines that issuance of a passport is warranted by special family circumstances. Oh...and tell Fred that there are a lot of people who get confused about it, it is a very common question....:)
What India law says for child custody? When can the father claim child's custody?
custody of minor child to fathercustody of minor child to fatherCustody of minor childGenerally as per law i.e section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old.But there are some cases in which custody of minor child was handed over to her father.How to have custody of minor child below 5 years if you are a father.In Anil Kumar pradhan Vs.Smt madhabi PradhanIt was held that though section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old but in this judgement the court has said that welfare of child is more important.What is welfare of child?Welfare of child cannot be measured by money or physical comfort alone,tie of affection also cannot be disregarded .moral and ethical welfare is more important in deciding the custody of minor child.if father was taking care of the child since birth and child has more affection towards father then even section 6 of Hindu minority and Guardianship act 1956 is not a bar.held in kajal vs. Rajesh RanaIn Nil ratan Kundu Vs. Abhijit KunduThe judgement of the child is also a relevant factor though final decision rest in child’s ordinary comfort, health, contentment education and intellectual development.V. Ravi Chandran (Dr.) vs. Union of India and others in which a three-Judge Bench had categorically held,that under no circumstance(2010)1 SCC 591 (2010) 1 SCC 174 can the principle of welfare of the childbe eroded and that a child can seek refuge under the parens patriae jurisdiction of the Court.The court could go into the merits to determine as to where the permanent welfare layand ignore the order of the Foreign Court or treat the fact of removal of the child from another,country as only one of the circumstances and the crucial question as to whether the court (in the country to which the child is removed)would exercise the summary or elaborate procedure is to be determined according to the child