When does custody fall to an ex-spouse?

Depending on the state you live in, custody may fall to you by default. But in other jurisdictions, the court may consider your ex-spouse’s final wishes or even the preference of your children.

Can a surviving spouse get custody of a child?

The courts will always act in the best interests of the children, and it is possible that other parties like the children’s grandparents could petition for custody. Even if your state doesn’t grant custody to you automatically, it is common for custody to go to the surviving spouse. There are, however, exceptions.

Who is the custodial parent if the mother dies?

However, if the mother of your children had primary or sole custody of your children at the time of her death, you may immediately become the custodial parent depending on the laws of your state. For example, in California the noncustodial parent is granted custody automatically upon the death of the custodial parent.

Can a judge award joint custody in Family Court?

We don’t address dependency court (sometimes called children’s court) or criminal law matters. We also don’t write about parental rights termination cases. In family court, a judge may award joint or sole legal custody and joint or sole physical custody. Parenting time (also called visitation) may be equal or primarily to one parent.

How long did my ex husband have custody of my Children?

Michelle’s Question: I was granted emergency custody of my children. My ex-husband had custody for 6 1/2 years. He went to jail for beating up his new wife and hurting her little boy. 2 weeks later his wife tried killing him, leaving him in the hospital for 3 months.

What to do if you lose child custody to your ex?

Some parents have actually lost child custody because of their demonstrated unwillingness to collaborate with the other parent. So remember that while you may not like your ex, he or she is a part of your kids’ lives, and you need to show the family court that you’re willing to work together. Do exercise your parental rights.

Depending on the state you live in, custody may fall to you by default. But in other jurisdictions, the court may consider your ex-spouse’s final wishes or even the preference of your children.

What happens if your ex violates a child custody order?

Of course, in order for a child custody order to work, both parties have to follow it. Unfortunately, these matters don’t always go as smoothly as they should. Your ex might not drop off the kids for your scheduled visitation, for example, or he or she might violate the custody order in other ways.

Can a noncustodial parent lose custody of a child?

The answer is probably yes, although there may be solutions less extreme than losing custody of a child. The court may order the noncustodial parent to see the children more in the evenings and after school so that parent can attend to homework.

What can an ex wife do to a dad?

A vengeful ex-wife may deny a father telephone access to his children, interfere with a dad’s participation in their children’s sports events or school activities, or thwart a dad’s pre-arranged parenting time by refusing visitation.

Is there a custody battle with your ex?

Trish’s Question: I am currently in a custody battle with my ex. He still uses and sells crack and heroin. But it’s almost impossible to prove. He has supervised visits right now, and he barely comes, but in a month we have to go back to court and he wants to take my daughter for weekends.

What can I do if my ex keeps threatening to modify child?

Unfortunately, there is nothing you can do to prevent your ex-wife from threatening to attempt to modify child custody. However, whether she will be successful in doing so depends on the facts of your case, and the amount of time that has elapsed since the last order regarding custody was entered with the court.

Is your child being emotionally abused by Your Ex?

Learning to identify the games narcissists play can help parents to minimize the emotional abuse children suffer at the hands of a narcissistic parent. Emotional abuse of children during and after divorce proceedings is one of the most insidious and common problems we hear about from co-parents who contact us via Co-Parenting101.org.

What happens if my ex husband passes away without a will?

My Ex husband passed away recently without a will and we were married 36 years and have 4 children together, divorced in 2002 and the Quardo’s were never completed due to his attorney not finishing up on anything, My ex did remarry which lasted 6 years and now she wants everything. Do I have any recourse? What is my next step?

How does death of custodial parent affect custody?

Also, if your ex-wife had a valid will in place, then the will might say who she feels should receive custody of the children upon her death. The court does not need to follow the ex-wife’s request, but the court may take the request from the will into consideration when determining custody.

Do you have to stay away from your wife during custody proceedings?

No matter how upset you become during these proceedings, you must not make physical contact with your wife or children when you are angry. If this is something that has occurred in the past, you need to acknowledge that you are susceptible to such behavior and leave the area when you become upset.

Why did I not file for full custody?

Not filing for and getting full custody when we went through the initial divorce process all those years ago. Having been separated for over a year before even meeting with a lawyer, time allowed for conflict between my husband and me to cool down.

Who is the custodial parent in a divorce?

In times like these, the benefits of obtaining a favorable outcome in your divorce case become obvious. However, if the mother of your children had primary or sole custody of your children at the time of her death, you may immediately become the custodial parent depending on the laws of your state.

What happens when parents share joint legal custody?

Parents who share joint legal custody must continue to communicate with one another in order to reach joint decisions. Even when one or both parents are reluctant at first, the outcome can be very beneficial for the child.

When is joint legal custody the best option?

Joint legal custody is most ideal for parents who have already demonstrated a willingness to work with one another in making key decisions for their child. It’s also best when neither parent is holding a grudge against the other or refusing to communicate—which happens, unfortunately.

How to make joint custody of children work?

Put the needs and well-being of your children first. “Remember that when the children are with your ex, they are with the one person in the world who loves and cares about them as much as you,” Wasser says. For joint child custody to work, communication is key.

What are the benefits and drawbacks of joint custody?

Joint custody has its benefits and drawbacks for both the child and the parents. Parents considering their custody options should consider the following: Parents who share joint legal custody must continue to communicate with one another in order to reach joint decisions.

Can a non custodian parent have reasonable access to a child?

The non-custodian parent normally has reasonable access to a child, which means that he or she may have access to the child at reasonable times, places and intervals. It is better to reach agreement on what is reasonable in the particular circumstances.

Can a court give one parent sole custody of a child?

Courts may grant sole custody to one parent in a case where one of the parents has, for example, abused the child. It goes without saying that it would then be contrary to the child’s best interest if that parent has any custodial rights.

Can a custodial parent move with joint custody?

Remember that the court’s primary intention is always to support the best interests of the child. 1 Quite often, as part of the best interests standards, when the custodial parent and the non-custodial parent head to court over relocation-related disputes, the courts will rule in favor of not disrupting the children’s lives any more than necessary.

Can a ex wife become a custodial parent?

Depending on where you live, unless you and your ex-wife agree to change the custody arrangement, you may face an uphill battle to become the custodial parent. Most states require you to prove, with significant evidence, that changing the child’s custodial parent is in the child’s best interest.

What happens if a court gives you custody of a child?

A court may impose limitation on your custodial rights when giving you custody of a child. The court may for instance prohibit you from relocating the child or taking the child on holiday without the consent of the father.