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What are your rights when you have full physical custody and your son wants to go live with his dad?
Wiki User
∙ 15y ago
Your minor son does not get to decide who has custody over him. If you consent to let him live with his dad part of the time or all of the time, it's best to draw up a new custody agreement between you and his father so that everyone's rights and responsibilities are clear. A lawyer might be helpful for this step. If you do not want him to live with his father and for good reason and you do have full physical custody legally, then you can technically prevent it--but then you are left with the parenting issue of how to deal with a son who wants to live with his dad, and that will be a big issue between you and him. For that, you might want to draw on the help of a psychologist or consultant or some other parenting specialist. Your ex will have to go to family court and fill out paperwork if he wants to have his son live with him. The ball is in your hand though. The court will set a hearing which you and your ex will have to attend, your son will have no say in the dispute and will not be able to attend. Considering the circumstances, as to how stable his father is , etc... Also I'm not sure of the nature of your son either. Do you get along with each other? Has he lived with his dad before? Do you want him to live with his father? All in all I had full custody of my 12 yr old daughter for a full yr While her mother was incarcerated. My wife and I had the hardest time with her. make a long story short , when her mother got back out she went to court , a date was set,I went to the courthouse signed her back over to her mother and that was it. Hope this helps you out!
Wiki User
∙ 15y ago
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If legal and physical custody was granted to the mother is that the same as full physical and full legal custody?
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
If mother wants to give full custody of the child to the father what does she have to do?
It is very rare that a Mother wants to give full custody of a child to the Father. To this all a Mother would have to do is choose to sign and give up her rights to the child in court.
Do you have to have full legal custody to sign over rights?
yes you do have to have full legal rights to sign over custody.
If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
Can a mother with joint custody give child to somebody else other than father?
No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.
What if your daughter wants you to get custody of her but you gave up your rights when she was younger and her mom has full custody how do you get your custody rights back?
Start with discussing the problem with your attorney. They will be able to give you the best information on the courts and the procedures in your area. In general you will need to start a civil case for custody. Your daughter, if she is old enough to have her opinion considered by the court, may carry great weight with the court.
If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?
You have the visitation rights that were established in the divorce, and you have no custody rights.
If the father has visitation rights and has not seen the child can you get full custody and receive child support?
How does he have any visitation rights with a custody and child support order?
If you have full custody of your 3-year-old son what rights does his mother have and what rights does your new wife have?
A step-parent has no legal rights regarding your child. The biological mother has visitation rights and other rights when the child is in her custody.
Do you have full custody of your son if his father left?
It depends on your legal status before and after the father left. If you are married then he still has full parental rights until a court renders a custody order. If you have been divorced custody should have been addressed in the divorce decree. If you were never married and he has no previously established custodial rights then you have full legal custody.
My brother was served papers and she is wants full custody. He needs 50 percent custody. how to go about this?
see links below
If a parent wants a DNA test Can the parent file for full custody?
yea
