Can a mother keep her child from the father?
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents have an existing court order, and a parent is violating the court order by interfering with the other parent’s parenting time.
Can my wife move away with my child?
First, legally, she cannot simply leave with the kids. Even though this has seemingly happened for years, the mother has no more right to the children than the father, especially if there is no divorce or custody agreement in place. As a married couple, you share joint-legal custody of the children.
What is a presumed parent?
A presumed father/parent is a person whom the law presumes to be the legal father/parent of the child with all of the attendant rights and responsibilities. A presumed father/parent may or may not be the child’s biological father/parent.
Is California a mother’s state?
When a child is born to a couple who is married, the State of California assumes the husband of the mother to be the baby’s biological father. There is a legal process to establish DNA proof of paternity, after which the father can request Court orders regarding child custody, visitation and support.
Can a mother keep the child away from the father in California?
In California, either parent can have custody of the children, or the parents can share custody. The judge will usually not make a decision about custody and visitation until after the parents have met with a mediator from Family Court Services.
How can a mother lose custody in California?
Common Reasons to Lose Custody in a California Child Custody Dispute
- Child Abduction.
- Child Abuse.
- Domestic Violence.
- Criminal Conviction.
- Substance Abuse.
- Refusal to Co-Parent.
Who has custody of the child if there is no court order in California?
When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.