My cousin is having a problem with her ex...lastnight the father was visiting with the baby in his home but when the mother arrived he refused to give the baby back. Police were called and really they couldn't do anything because neither parent has legal custody. My cousin (the mother) is only 17, the father is 18. My question is...will her age make a difference in a custody case?? Will he win full custody because of her being a minor???
2006-10-23 07:47:44 · 7 answers · asked by sparkles 4 in Family & Relationships ➔ Other - Family & Relationships
The baby was returned to the mother, but we want to get legal custody to prevent this from happening in the future. I did contact lawyers in our area, and like the most of you they say that age has no effect, as long as she is a good mother she will more than likely to be granted full custody! Thank you all for your answers!
2006-10-23 08:45:43 · update #1
Not necessarily! Even though she's still a minor, there is still a chance that she can win child custody. She needs to prove to the Court that she is responsible and can complete her school, get a job to support the child and be able to care for the child. She should get an attorney if she can afford one.
2006-10-23 07:53:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Her age will come into play a bit - but because she IS a minor she is not allowed to live on her own yet anyway, so they will consider her parents or whatever adult she is living with. They will consider who is able to provide the best home. BOTH parents once they are 18 will have to have a job to provide for the child if they have shared custody (which is what normally happens). BUT even if one gets custody over the other - they both must still provide financial support to the child and both will still have visitation rights even if the child lives full time with the other unless one can prove the other is unfit because of a drug or alcohol problem, or because they have abused OR neglected the child in any way - but that does have to be proven..not just he said/she said. Both should get attorneys and let the courts decide. Until they do get attorneys and there is no legal custody proven, he may not have to immediately return the child if he can prove fraternity. All depends on the laws in your own state when it comes to that.
2006-10-23 07:55:56 · answer #2 · answered by svmainus 7 · 0⤊ 0⤋
Once a woman gives birth she becomes emancipated which makes her a legal adult. Your cousin should get an emergency petition for custody. She will need an attorney for this, but a judge will probably approve it because the father refused to return the child after a visit. This is only good until the court date which will be given to her. Until the court date the father will not be allowed any contact with the child. These kinds of cases are usually seen in court within a few days to a week. The judge with then set custody if no previous custody agreement exist. Your cousin will have a better chance of getting custody if she has a job (even if it's McDonald's) and is still in school or working towards a GED and if her parents are willing to help her they should definitely go to court with her. I will keep her in my prayers. I can't imagine not having my son with me.
2006-10-23 08:12:25 · answer #3 · answered by sleepless in NC 3 · 0⤊ 0⤋
Not if she could show if she could be a better parent and has proper support from family. But its a battle now. Shes gonna have to fight for custody in court. Tell her the sooner she files, the better.
2006-10-23 07:52:38 · answer #4 · answered by JC 7 · 0⤊ 0⤋
Not usually. The courts more times than not side with the mother.
Your cousin needs to file a parental order and a custody order ASAP.
2006-10-23 07:56:24 · answer #5 · answered by andi b 4 · 0⤊ 0⤋
No answer possible.
Your talking LAW's here and children having children. Nothing will ever be final between these two no matter how old they get or how many times they go to court - and it will be a lot over the next 20 YEARS!
Only one answer at the moment is that they aren't married - so the baby is hers, not hers and his
2006-10-23 08:04:48 · answer #6 · answered by Danny C 2 · 0⤊ 0⤋
You can investigate the legislation for the state you are living in. I have peers that experience had kids and didn't placed the fathers identify at the start certificates but nonetheless acquired little one help after which a few who did not due to the fact they didn't wish their ex as facet of the childs lifestyles. You need to make a decision the extent of involvement that you simply wish the daddy of the little one to have. There are tons of legislation to shield you and your little one.
2016-09-01 01:28:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
highly unlikely, she should apply for temporary custody,ASAP before she lets the dad see the baby again.
2006-10-23 07:52:31 · answer #8 · answered by nwnativeprincess 6 · 0⤊ 0⤋