Who becomes the custodial parent?

Who becomes the custodial parent?

When you’re a custodial parent, it means your child resides with you a majority of the time, or you have been given sole physical custody. Often courts give parents joint custody of their child, but the parent with the larger timeshare with the child would be referred to as the custodial parent.

Is the mother automatically the custodial parent?

As a rule in most states, if the parents are not married, the mother is automatically given primary custody rights over the children. This means she has complete authority to make any major and minor decisions regarding her child’s welfare.

At what age can a child refuse to see their parent?

Most judges understand that once a child reaches their teens (14 /15 /16 /17), it certainly is difficult to force them to visit with a noncustodial parent when they are adamant about not seeing them, but it truly is not the child’s decision.

Can a 17 year old refuses to see a parent?

A court or the police will not make a 17 year old go to the other parent if they refuse. However, as the custodial parent you must encourage the 17 year old to follow the custody order.

Do I have to force my child to visit with the other parent?

You do have to physically take the child to the place of handover as ordered by the Court. If the child says they do not want to go, you have a positive obligation to encourage the child to spend time with the other parent.

Can a 13 year old decide who they want to live with?

13 ANSWERS The child can not dictate who he or she will live with. You will need to have your child’s preferences considered through a Guardian ad Litem.

Can a 14 year old choose where they want to live?

There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision. That time is not attached to any specific age, but is rather the product of maturity and a level of independence.

Can a 15 year old decide where they want to live?

California courts must consider and give weight to a child’s preference when the child is of sufficient age and ability to voice an intelligent opinion on custody or visitation. (Cal. Fam. Children can’t choose where to live until they are 18 years old.

Can a 16 year old say where they want to live?

Parents often want to know at what age a child can decide whom to live with. The answer is simply: according to the law, eighteen. However, dissolution of marriage statutes provide that the child’s wish as to where s/he will live is a factor to be considered by a court in making a custody decision.

Can I live with my grandparents at 15?

No. Children have no rights as to expressing a choice except in disputes between their parents. Even that is limited – the child does not decide but the court must consider the expressed preference. Grandparent visitation rights are limited and…

Can a 16 year old choose to live with grandparents?

Answer: A minor does not have a right to choose his residence, and is subject to the custody and control of his parent or legal custodian until emancipated. It is possible that the grandparents could petition for guardianship or termination of parental rights.

Can I live with my dad at 16?

As long as your dad can have you live with him without issues then you should be able to go. If your dad is agreeable, you could just move your stuff there and not come home. At 16 there is really not a lot your mother can do about it and you are old enough to choose.

Can I move in with my dad at 13?

Unless your mom agrees that you can live with your dad, your dad will have to file a Motion with the court asking the court to give him custody. The judge will probably ask you to speak to a specialist with the Family Mediation Center so you can let the court know why you want to live with your dad.

Can I move in with my dad without my mom’s permission?

No. You cannot decide for yourself unless you are emancipated by a judge. Your dad can hire an attorney to file for a change of custody. You can testify as to where you want…

Can I move in with my dad at 17?

In most states the answer is NO you cannot unilaterally decide to move in with your father as a minor. With parental consent (consent meaning the custodial parent’s consent) you can move so if you mom says go, you can go.

Can my mom take my phone if my dad pays for it?

If it is truly your phone — meaning that you paid for the phone and you pay the monthly phone bill — then it’s your phone and your parents cannot check it or take it away without your consent.

Can I move out at 15 with parental consent?

Emancipation is a legal process that gives a teenager the right to legally move out of his parents’ home. In these instances the child is said to be emancipated from his parents. Court order – The court may grant an order of emancipation if it determines that emancipation is in the child’s best interests.

Does my ex wife need to know my address?

Generally you would be required to keep the Court informed of your address and your former spouse, at least as long as there are obligations between the two of you. If you have joint custody, you should disclose your address as a matter of…