Custody minor children 2025

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If you are married and there is no custody order, both parents have equal custody rights until a court order awards custody to one of the parents. If the parents have never been married and there is no custody order, the mother of the child has legal custody by law.
In 2021, Arkansas enacted a law that made joint custody the default option for all new child custody orders. Joint custody means the approximate and reasonable equal division of time with the child by both parents.
A mother can only keep a child away from their father in California if there is legitimate concern about the childs safety because of the fathers behavior. Withholding visitation because of reasons deemed unrelated to a childs well-being can come with problems for the parent withholding visitation.
If the presumed father were to take the child without the mothers consent, this would always be regarded as kidnapping. If both parents agree to a custody order and file that order with the court, violations of that order may have consequences. Without a custody order, fathers have no legal path of recourse.
A history of domestic violence or child abuse can lead to the courts determining that someone is an unfit parent. So can abandonment. If a parent has gone weeks or months without communicating with their children and providing for them, the courts may determine that they are not fit to parent the child in the future.
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This means you will have to prove to the court whether you or your spouse should have custody of your children. The judge decides who will get custody of the children and bases this decision on the best interests of the child standard. The court considers many factors when deciding the best interests of the child.
The minor child still has legal custody of the child, but on the other hand the grandparents are not legally required to support the baby.

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