How can I get partial custody of my child?
While there are many factors that are taken into account when deciding child custody, the most important is what's in the best interests of the child. That being said there are ways to demonstrate that giving full custody to the other parent would not be in the best interest of the child.If you can demonstrate to the court that the child has a strong emotional and psychological bond with you and that the other parent has threatened to prevent adequate parenting time for you.You might try having a civilized adult conversation with the other parent and work out an agreement that is acceptable to both parties and present it to the court.Regardless of the outcome the most important thing a parent can do is to be there for your child. Make sure your child knows that they can contact you at anytime day or night, within reason, you don't want to jeopardize your livelihood or your freedom. Go to every school function, sporting event’ and recital. Write notes and letters to your child telling them about your life and what an important part of your life they are. And now for the most difficult part for most people. What I call the NEVER, EVER, EVER, EVERS! Never say anything negative about the other parent or their families. Never make a promise that you aren't 1000% sure you can keep. Never allow anyone to make your child believe that their parents separation is in anyway their fault. Follow my advice and I can almost guarantee that no matter who has custody, your child will know that they have someone who will be there to support them, love them and care for them no matter what. And shouldn't that be every parents ultimate goal.
How can I get the custody of my two-year-old son in court? I am an SFG in service, not always at home, but I can give my child to my parents.
Do you want custody because it’s in the best interest of the child or because you don’t like your ex and want to be difficult ?A child especially a two year old needs a loving, happy and healthy environment provided by their grown up that is reliable and if you aren’t going to make yourself available due to a work Schedule then Maybe you should work out a shared custody rota or a visitation schedule that maximises your available time for the child without interfering with work.You might not like your ex and that’s your business but that doesn’t suddenly make them a terrible parent that can’t look after a plant let alone a child !!!On the other hand if your child is at risk in the care of your ex and you will be relying on your parents when you are not available I suggest they apply for custody and the parental rights that go with it as they sound as if they are more reliable and available to make decisions on a daily basis for your child. Good luck
What are some out of the box ideas for dealing with child custody, after relationship failure?
Leaving the country and disowning your children to avoid child support is a valid and practical measure if you have been removed from your family and only have the option to be a visiting or weekend parent, provided you can find a country that does not have extradition treaties with your nation and provided they will grant you a visa.Now I know this is where everyone chimes in with a chorus of "what about the children!" however here is a list of facts.-Woman are, on average more selective than men when it comes to picking sexual partners.-Men are, on average are more likely to prefer a lot of sex with as many attractive partners as possible.-The minimal parental investment for a man is the energy and time it takes to copulate.-The minimal parental investment for a women is the energy it takes to incubate their offspring and then usually the energy it takes to breastfeed and raise the child-Most relationships "honeymoon stage" is 3-5 years which is the time it takes to wean a child(coincidence?)-Only women have the final say in choosing as to whether a child is brought into the world (abortion)Now especially where one partner has decided that one partner cannot cohabitate with the child on a daily basis and in essence cannot be a real parent and is backed by the state in that action, I support the right of that a parent to escape that unfair state to another one and try to have a real family with their resources and livelihood undiminished by a family they don't have and thusly shouldn't have to pay anything toward.A parent should not be able to exclude another parent from their child's daily life and then force (with the resources of the state) the other parent to pay for that child they don't have.More onus should be placed on the parent that has the final say in whether or not a child is born and actually selects their partner.Perhaps marriage should actually be a binding contract that includes cohabitation agreement until the child reaches a majority.https://en.wikipedia.org/wiki/Se...https://academic.oup.com/beheco/...
What are step parent's rights if the biological parent, their spouse, dies?
Depending on in what state you live when you die, your grandparents MAY have a right to file for visitation based on your death. Your husband has no legal rights whatsoever. The only thing you can do is to have your current husband file for a Standby Guardianship thorugh the courts. That way, if you die, he would immediately be appointed the children's guardian until such time as your ex can take posession. It's not a solution, just a way not to upset the balance until it needs to be. EDITED FOR ALL OF YOU who mentioned a will or separate agreement. First of all, a will written to include a child's disposition is void on it's face. A will is valid ONLY for property and children are NOT property. If there is anyting in the will regarding custody or guardianship of a child, the will can and will be invalidated. Also, a contract / agreement to the disposition of a child is void on it's face as against public policy. Such a contract / agreement can be voided by the state or either party under these circumstances. I didn't write my answer because i like to watch myself type or because I didn't have 35 years experience in family and children issues both nationally and internationally. As others have said, There are only TWO ways for the step parent to gain custody. 1. Through an adoption and ONLY if the court terminates the biological parent's rights or the adoption is joined by a simultaneous TPR petition by either the court or the biological parent, or; 2. Through guardianship which gives the guardian the right to petition for custody. In this case, if the guardian (as I said in my post) is of a standby nature, then they stand in line behind anyone who wishes to adopt and is either the biological parent or of familial lineage. Poster, A will does NOT allow disposition of a child. PERIOD! In any state.
Can my mother in law take custody of my child from me?
1) No biological parent can 'assign' their parental rights to anyone else. The child is not a car or a piece of property. 2) Depending on your state, the father may not be able to sign away his parental rights unless someone is willing to adopt him, and for the record, the adoption would require his AND your signatures, something I am pretty sure you are not willing to do, so no worries there. 3) She does not stand a chance in hell filing a custody suit against you unless you are an unfit parent 4) as justdoug said, hire an attorney, file a motion in court to get full legal custody of the child, and have the visitation with the father set as supervised, the court order will still be in effect when he gets released. 5) the grandmother stands no chance in hell when filing for visitation either. 6) either the MIL can agree to let you decide what visitation to offer her, or she can take a flying leap. 7) DO NOT sign anything with the MIL dealing with visitation.
Paying child support,ex-wife just told me child not mine.?
You need to speak to a lawyer. Some lawyers will give free or low-cost consultations for situations like these. Check out your local yellow pages or Google for a marriage/family/domestic lawyer in your area. This is starting to happen to a lot of men nowadays. And unfortunately, most states will make YOU pay child support if the child was conceived and born while you were married, no matter if the child is yours or not. The situation gets even more complicated if YOUR NAME is on the child's birth certificate. So, get off the computer and make that phone call! Good luck to you and God bless . . . ***** One more thing ~ be prepared to fork out some dough for the DNA test, they're not cheap.*****
What rights does my daughters biological father have if he isn't on the birth cert?
He can go to court and order a DNA test. You will be summoned. If paternity is legally established in court then the birth records will be amended. he will get equal parental rights but he can't "take the child from you". No US courts take children from one parent unless they are a crackhead criminal. Equal parental rights does not mean the child lives with him 50%. That is not good to have a child move every few days. Custody will be ordered joint/shared and a visitation plan will be filed along with a child support calculation. These can all be adjusted throughout childhood as circumstances, income change. You will be obligated to co-parent with him until the child is 18. Equal parental rights means you both must consent to all issues regarding the child. You may not be allowed to move more than 100 miles away from each other without the other's consent. No US court allows one parent to unilaterally decide to withhold the child from the other so they will recognize his rights. Be prepared for the judge to state that the court assumes you both willingly entered into a union with the other, a child was created and now you must accept each other as co-parents. Too late to change your mind and evaluate parenting potential. It is what it is.
Can my babys dad get custody?
STOP HIM IN HIS TRACKS Go to your local child support enforcement agency Tell them that you want to file to collect support. They will give you the paperwork, and sent him notice to come take a dna test. Once he is proved to be the father, they will make him pay support. If he wants visitation he will have to go to court and file for visitation. He can file for custody, but he will not get it unless he can prove that you are an unfit mother. Do not let him take the child if a visitation order has not been established. He can see the child at your house until he is granted visitation from the court. You can leave and let your mother stay there with he and the child if he can not be an adult about the situation. If you allow him to take the child, you will have to call the police in order to get the child back. At this point, he can not keep the child if paternity has not been verified, so if he tries to keep the child explain that to the police. Make sure that you work and properly care for the child and he will not be able to get custody. Do not fight, do not say anything he can tape record, or write anything that he can print. Once he has visitation, abide by the court's orders. Best wishes