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The first thing you need is hard proof that your child would be in danger when he is left with his father, witnesses, police reports of past incodents, you can even ask for supervised visitations, so your child will never be alone with the father. Good luck!

I have temp custody of my cousin who is 10 months old I have had her in my home for 7 months now both parents are in jail, I want full custody of her due to the fact the child is at high risk, with violence and neglect in the home, both grandparents are drug users, and been in trouble with the law. they do not help finicially take care of her nor do they see her but every 3 months are so 1 visit. I know longer know what to do? can you help?

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8y ago
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13y ago

If there are no existing court orders the mother already has legal custody.

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

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12y ago

If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.

If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.

If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.

If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.

If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.

If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.

If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.

If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.

If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.

If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.

If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.

If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.

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12y ago

If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.

If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.

If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.

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16y ago

The parent would have to go to court and go through the proper precedings.

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12y ago

Look for information on filing child abandonment against the father in your state. People do this if the father is not present in the child's life, not paying child support, or is abusive.

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11y ago

Unless the other parents is declared unfit there is no magic formula and the chances depends on the case and people involved but a good lawyer always helps.

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15y ago

It means that the child is all your's and your responsibility.

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14y ago

see link

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Q: What does it mean to have sole legal and physical custody?
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What does it mean when the father has sole physical and mother has joint legal?

Sole physical custody designates the parent with whom the child has a permanent residence. Joint legal custody is when both parents share equal rights and obligations to the child in regards to education, health care, financial suppport, etc. regardless of where the child resides.


If you have sole legal custody in the state of Oregon if you died would your husband get custody of your minor children or would their legal father get custody?

My husband had this happen to him..... The mother had sole custody, she died in a car accident. Father picked her up and now had sole custody of her. We called around to different attourneys to see if we had to do anything through the courts to get sole custody, and we were told that due to bio mother dying biodad instantly got sole custody. Now if he didn't want sole custody then a near relative could petition the court for sole custody. Hope that helps some.


Can a mother move her child from the US to Australia if she has sole legal custody?

If you have absolute sole custody and you have no legal obligations to the other parent than yes, you could move anywhere.


What is the difference between sole custody and joint custody?

Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, etc.) concerning the child. Sole custody does not mean the non custodial parent can be denied the rights of parental visitation. • In my case, I have primary custody AND sole legal cstody. Being primary custody gives the father the right to make a decision in the event of an emergency, but that's about it. It basically means the father can see the child and take hher out of my home. But, because I have sole legal, he cannot make any decisions concerning anything religious, medical, educational, etc. Having sole legal gives me the right to get her a passport without his permission as well! Sole/Primary/Joint custody essentially just determines where the child lives and who the main care-taker is. It is "legal custody" that determines the right to make decisions.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.

Related questions

What is meant by the phrase petitioner further prays for temporary and permanent legal custody and physical care of the children?

The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.


What would determine if you can move with your child?

Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.


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.


Can you take your child out of school if you are not the legal guardian but you have joint custody?

Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.


Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?

If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.


Is legal custody sole custody?

no


If you have sole custody and your ex has physical custody can you keep her?

You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.


Can father let child miss school without mothers permission?

It depends on the law where you live and your custody order. If the father has sole legal custody (as opposed to physical custody) he would be able to make that decision without input from the mother. If legal custody is joint or the mother has sole legal custody, no he could not.


What does it mean when the father has sole physical and mother has joint legal?

Sole physical custody designates the parent with whom the child has a permanent residence. Joint legal custody is when both parents share equal rights and obligations to the child in regards to education, health care, financial suppport, etc. regardless of where the child resides.


When the parent have joint custody and the child gets taken by social services who gets the child if one parent is found unfit?

Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.


Is primary phsical and sole legal custody the same as sole custody?

Yes.Yes.Yes.Yes.


Do both parents have to make medical decisions when having sole custody?

No. The parent with sole legal custody has the right to make decisions regarding the child.No. The parent with sole legal custody has the right to make decisions regarding the child.No. The parent with sole legal custody has the right to make decisions regarding the child.No. The parent with sole legal custody has the right to make decisions regarding the child.