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If you have sole physical custody, also known as, the primary custodial parent, you can take your child away from the mother. However, if you do not have primary custody, it can be virtually impossible to take the child away from the mother.
If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent's consent can be held against you in court if that action was not reasonable.
The legal concept of parental rights generally refers to a parent's right to make decisions regarding a child's education, health care, and religion, among other things. If parents are separated or divorce, these rights can extend to custody and visitation.
Gaining custody as a non-biological parent can be difficult, but it is still possible in a few situations. Generally, you need the biological parents to consent to your custody.Only a judge can give you custody, which you must request by filing a petition with the appropriate court.
Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.
Legally, yes; because there is nothing apparently that creates any specific legal rights for the father. However, depending on the facts and circumstances, you should consider the affect on your son if you deny him a relationship with his father.
A non-custodial parent who's trying to get custody can utilize this information in court to prove a continuous and meaningful relationship with the child. A custodial parent might use a log of visitation schedules to prove the lack of a continuous relationship between the child and the child's other parent.
California courts only allow parents to terminate their parental rights voluntarily under specific circumstances. Generally, it is only possible to give up parental rights for the purposes of adoption.
Parental kidnapping happens when one parent takes their child without the consent of the other parent.One parent violates a custody agreement and takes off with the child. There is no custody agreement in place, and one parent leaves with the child without consent from the other parent.