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Custody Rights Questions

Custody rights hold many different aspects to child rearing. Child custody rights often describe the relationships both– legal and practical between the parent / guardian and the child. These custody rights include the parent(s)’s right to make decisions for the child, paying child support, visitation privileges, the many different aspects of parental responsibilities and more.

Below are the frequently asked questions about child custody such as custody rights of unmarried parents and how to prevent a neglectful parent from getting custody rights.

What are the child custody rights of an unwed mother in Georgia if the father has signed the birth certificate?

Considering the fact that the mother was never married, this matter would have to be taken up with the Juvenile Court.

In such cases, the unwed mother should petition the court for custody at the earliest in order to have the court issue an order for the child to live with the mother legally. She can type the petition and file in with the Juvenile Court and ask them to issue an order for Temporary Custody.

Since the father has signed the birth certificate, he has parental rights as well although he would have to file a petition with the courts for visitation or custody.

In Pennsylvania, how can a mother hand over custody rights to her parent without notifying the father first and is it legal to do so?

A mother can transfer her custodial rights to another individual but the father must be notified about the custody change. If the father is not present at or intimated about the hearing of the custody change, the judge may stop the hearing.

As for the grandparents, their custody rights are limited in several states because the law varies from state to state. In the case of the father objecting custody change and requesting sole custody, he may be the first to get the child, unless the court deems him unfit. To avoid this, the mother could convince the father to agree to the custody change to not challenge it.

What are the custody rights of an unwed father in New Hampshire if both parents have 50-50 custody but he is being unreasonable about it?

If the father has established paternity and has signed the child’s birth certificate, he is entitled to reasonable visitation and is obligated to pay child support. The link below can be used to calculate child support in New Hampshire: http://www.dhhs.nh.gov/dcss/calculator.htm

Without a court order, the father does not have the right to be unreasonable about visitation. If he does not agree to visit the child during the mother’s convenience, he can file for visitation – based on the best interests of the child - in the local Family Court.

Do uncles and aunts have any custody rights over a child when one parent has passed away and the other parent can be proved to have psychological disorders?

A child’s extended family members such as aunts, uncles or grandparents do not have legal rights over children as they are not their own biological child. However, the extended family can obtain legal rights by petitioning the court for custody or legal guardianship, both of which would require proving that the parent is unfit to take care of the children and that the children could be in a potentially harmful situation.

Typically, the petitioners would have to show that the non-parents have undertaken parental responsibility towards the children for some period of time as the natural parent was incapable of doing so.

It may be possible for the relative to request for an order of visitation if the history of the relative’s relationship with the child has proved to be a beneficial one.

What are a single mother's custody rights when the father has been absent for a long time but now wants custody?

The father’s custody rights are not dependent upon the mother’s rights in such cases. However, the rights of both parents are associated with the welfare of the child, whether the parents are living together or apart.

The father cannot be forced to give up his visitation and custody rights, except on grounds such as abuse or willful neglect.

Being a single parent or guardian requires legal knowledge about custody rights, how to file for custody rights, parental responsibilities and more. It is also important to know the legal implications of custody rights. If you want clarity on your custody rights, but are not sure who to turn to, address your concerns to Experts for insights and answers.
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