How does remarriage affect custody?
While the act of remarrying does not in itself impact a parent’s custody rights over their child or children, if the remarriage is not in the best interest of the child, and a party files to modify custody, the court may decide to make custody decisions to best protect the children.
Can a parent keep a child away from another parent?
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. The parents have an existing court order, and a parent is violating the court order by interfering with the other parent’s parenting time.
Who is the legal guardian of a child after divorce?
The court is parens patriae or the ultimate guardian of the child. So the child’s property is protected by law, and terms of custody, visitation and child support can be altered in changed circumstances in the interest of the child.
What age child decides who to live with?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
Is it better to be married when fighting for custody?
In some cases, the new relationship can cause difficulties for the children from the prior marriage–which can spill over into other areas, like behavioral issues or problems at school. If this is the case, then it may be beneficial for the parents to re-evaluate their existing child custody agreement.
Can a father take a child from its mother?
If you have sole physical custody, it is not legal for the other parent to take your child from you. Sometimes taking your child from you is a crime, like “parental kidnapping.” But if you are married, and there is no court order of custody, it is legal for the other parent to take your child.
Can an 11 year old choose which parent to live with?
While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.
Can my ex-wife go after my new spouse’s income in Florida?
Contrary to popular belief, Florida courts do not consider the new spouse’s income when calculating or modifying child support. In fact, the payor will most likely not be able to terminate or reduce the amount of child support even if the other parent’s new spouse earns substantially more than the child’s parent.