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Various aspects of child rearing are covered under custody rights. The legal and the practical relationship between the parent/guardian and the child are determined by child custody rights. Decisions taken on behalf of the child, payment of child support, visitation timing, etc. are a part of these rights. Below are a few questions regarding custody rights that have been answered: Q. Consider a situation where the parents are not married and are in the state of Georgia. In the event that the birth certificate has been signed by the father, what child custody rights does the mother have?
The Juvenile court may need to oversee proceedings of this case as the mother was not married. The mother may file a petition in the Juvenile court to obtain a temporary custody order so that the child can live with her and this is legalized. The father too would get parental rights by way of signing the birth certificate. However, in order to obtain custody of the child or visitation time, the father would need to file a petition in the court. Q. In the state of Pennsylvania, is it legal for a mother to give custody rights of the child to her parents without informing the child’s father?
Custodial rights may be transferred to another individual by the mother. However, it is important that the father be informed about the change in custody. The custody change proceedings may be stopped by the judge if the father is not intimated about the change or if he is not present at the hearing. Law regarding custody rights may be different in different states and the chances of the grandparents obtaining the custody rights are minimal. The father may be granted sole custody rights (if requested) of the child in the event that he objects to the custody rights being provided to the grand parent. He would be the court’s first preference, but the court should find him to be a suitable candidate. If the mother is able to convince the father not to oppose the custody change to the grand parent, then it may be a possibility. Q In the state of New Hampshire, the unwed father has 50-50 custody, but is not happy with it. What rights does he have?
The father would be entitled to parental rights if he has signed the child’s birth certificate. Further, he is entitled for reasonable visitation and will be responsible to pay child support. One may use the link http://www.dhhs.nh.gov/dcss/calculator.htm which helps in calculating child support in the state of New Hampshire.
In the event that the father is unhappy with the custody arrangement, he may approach the local Family Court to verify if the arrangement can be modified. However, the court’s decision will be based on the best interest of the child. Q. If one of the parent is deceased and the other parent has psychological disorders, is it possible for the child’s uncles and aunts to get child custody rights?
The extended family is not the biological parent of the child. Hence, the aunts, uncles and the grand parents have no legal right over the child. However, they may file a petition in the court to obtain legal rights on the child by way of custody or legal guardianship. The possibility of getting a favorable ruling depends on the parent being proved incapable of caring for the child. The case would become stronger if the extended family is able to prove that they had acted as parents of the child when the biological parent was unfit to do so. If interaction of the child with the extended family is advantageous to its upbringing, the extended family may be able to get visitation rights. Q. If the father was not in touch with the child for a long period of time, but wants custody of the child now, what rights does a single mother have?
The custody rights of the father and the mother are not interdependent in such cases. It is the child’s best interest and well being that is considered as an important factor and not whether the parents are living together. Only if the father has willfully neglected or abused the child, the visitation and custody rights may be revoked. If one is a single parent or guardian, one should equip oneself with knowledge about custody rights, understand and perform the parental responsibilities, etc. One should also understand the legal consequences that one may need to face with regards to custody rights. Speaking to a family lawyer in such situations may be helpful.
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