Can you do Joint Custody if you ex plans to leave with your kid to another state?
Is it considered joint custody if your ex leaves the state 40-50 miles away or does that person have to live in close proximity. I want to do joint custody but stay close.
With joint/shared custody of our daughter, does the father need consent to enroll her in a new school?
Joint custody requires both parties to agree on all decisions regarding education, religious training and medical treatment, in the best interests of their children.If there are problems reaching agreement about something important that is in the best interests of your child and you can prove it, then file the paperwork to come to Court (no attorney necessary, there are people at the Court who can help you with this) and make your case to a judge.If a pattern emerges that a parent makes decisions that are not in the best interests of his/her child just to spite the other parent, a judge could decide to give the other parent sole custody.
What's the difference between Joint custody and sole custody?
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
Who get custody if you get married while pregnant?
It depends on the law where you are when you give birth and if you are married or not. If you get married in a state like Florida BEFORE you give birth, your lawful husband at the time you give birth IS the legal father of your child and the biological father will never have any rights even if he goes to court. Many other states have laws stating that the husband of the biological mother is the presumed father of the child and in those states, the biological donor is not permitted to intrude in the sanctity of the marriage. As for rights....depending on the state, it will be you and your husband who have rights. In a few other states, it would be you and the biological father who have rights over the child. One last thing....if your husband is presumed to be the father, then if you two divorce, there will be joint legal custody and you will probably be given residential custody too. If your child's biological father is the legal father, you will retain sole custody and he will be given visitation and will have to pay child support. Some say that single fathers have the same rights as married fathers do but that is not true, except for in a few jurisdictions. Good luck and God bless.
Difference between joint and full custody?
Joint custody is when both parents share resposibility 50/50 with the childs upbringing, including time, cost and insurance. Parents living in 2 different counties would have to each have the child for 6mo. out of the year in a joint custody arrangement. If you were to have sole custody, he would have to pay support and the details would be defined in court. Like how much support, outlined visitation, insurance, etc. If you move, changing schools would be up to you as the child goes where you go. In joint custody case, things like changing schools is generally decided by both parents as the child is supposed to be with both equally. Under both custody arrangements, the non custodial parent can legally object to letting the child leave the country and it would be up to the courts to decide. As to some of the answers you are receiving, I dissagree. My daughter wanted what was best for her child. She got along great with her X and his family. When they went to court, they opted for joint custody. By the time the court papers were finalized, her X began ignoring the child for the most part, she still visited with his mother and sisters often. Until one of his sisters had a child, then they rarely want her around. To date, her X has paid $0 support, never covered her insurance and hasn't seen his daughter for at least a year. Since they have joint custody, it's hard to prove he hasn't been involved. It's hard to even get into court due to details in their original agreement. I would strongly advise sole custody with visitation and support outlined and monitored by the courts. BTW, He won't really loose anything, it will just give you more say-so, as it should be since you have her with you. You can let him visit as ofter as you like.
Can my ex get joint custody if he is never around?
My daughter is 2 1/2 and has not been away from me even a day since she was born. Her father is trying to fight me for joint custody even though a) he is a truck driver and works 2 weeks straight, b) lives 4 states away, c) wrote a bad check for the last child support payment I got from him, d) does not have a place of his own, and e) changes girlfriends more than I can count. Since my daughter was born I have had the same job and he has had more than 6. He has a hard time keeping a job and doesn't even have health insurance for her. Is he just trying to get me to believe he still has control of the situation or what? I would like some input about what to expect when we see a judge to settle the divorce and custody. Technically he abandoned us and the house which I am now paying for even though it is in his name. Can I get some help please? Thanks.
Can I have my son live in a separate house if he is still in my custody?
If he is under 18, and wants to live alone or with others who would not be responsible for him, you would have to have him emancipated, which would mean he is as an adult, and not under the legal and direct supervision of anyone. I think that’s a pretty extreme decision, because even at 18 kids often need the support and discipline that comes with living with a family.Thanks for asking!
Shared custody - Child sick - what should the parents do?
Let's assume the standard custody situation, where either mom has custody & dad gets EOWE/School holiday visitation -or- parents have shared custody but child's primary residence is with mom & dad's parenting time is EOWE/School Holidays. Child has own bed & bedroom at dad's house. Child is sick. It's time for dad to pick child up. What should the parents do? Is this different from what parents that you know actually do, usually, in this situation? FYI - this is just a survey-type question... My stepdaughter's all grown up now. I'm just involved in a conversation about this on another website.