By doing this they would be able to enroll you in school and take care of your healthcare needs etc. Another way to prevent getting this page in the future is to use Privacy Pass. Q. I hope you can help. A parenting plan generally recognizes the following: You should contact an attorney who specializes in that area. The laws relating to a child's preference for his or her custodial residence vary by state. When a family splits up because of a divorce, the child's mother and father are not the only family members affected by the separation, and the family court system typically does not consider aunts and uncles when they decide visitation rights. If your child is very young, courts will not ask your child for their preference on who they want to live with. When can my child decide which parent to live with? A child's preference in custody and Family Code 3042. One of the scariest things you might have to do is to tell the parent you live with that you want to live … If your aunt and uncle really want you to live there because your mother is an "unfit mother" then they must go to court to fight for total custody of you. My sister left the father of her children a couple of years ago and married another man. You are not able to just "choose" who you want to live with, however your grandparents or aunt could petition for custody, or legal guardianship of you. Your IP: 204.48.26.148 • Grandparent Custody When Both Parents Are Alive Child custody laws vary by state, but in general, when both parents are alive, the court prefers to place the child with one or both of the parents. Another way to prevent getting this page in the future is to use Privacy Pass. If there is no custody order in place, then the child can live with the non-custodial parent without having to involve the court. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Child custody laws vary widely across the states. Q: How can the only living parent get custody of his child back. However, there are circumstances in which aunts and uncles could possibly get custody of a child. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. A grandparent’s visitation rights survive the adoption of a child by a stepparent or by the child’s grandparent, sibling, aunt, uncle, niece, or nephew. Courts also consider your child's age when ruling in a custody case. Please enable Cookies and reload the page. Please enable Cookies and reload the page. the custodial parent has died, and the surviving parent is unfit or unwilling to take custody of the child; the child has been living with a third-party individual for a long period of time, or; both parents have voluntarily relinquished their rights to the child. When the mother of the child died he lost all touch with reality and the aunt of the child took custody he has since came back to reality and wants nothing more than to have his child back how can he get the child back from the aunt Yes, it is possible. The only reason this wouldn’t apply is if there’s a Court Order stating that a child must remain with a certain parent until a certain time. 2 The term “qualifying child” is covered in Tab C, Dependents. Aunts and uncles are in the same position as grandparents when it comes to custody rights. If your parents were to approve of your move, your aunt & uncle would need to file for a guardianship for the time period that you would live with them. The child's maturity, and whether the child can tell the truth from fiction will guide the decision whether a child may be heard. Your aunt can initiate guardianship proceedings. Divorces can be ugly, and the division of parenting rights and responsibilities can be even uglier. However, as your child gets older and more mature, courts have the discretion to ask them to choose who they prefer to live with. Your IP: 64.34.217.23 Sometimes, a child may want to live with a parent because they are perceived to be more lenient. www.NationalFamilySolutions.com For example, there may be a Residence Order or a Child Arrangement Order in place. This also depends on whether there is a custody order. If a child is a qualifying child of both the parents, generally, only one parent can claim the child as a qualifying child for all of the child-related tax benefits: EITC, dependency exemption, child tax credit, head of household filing status, credit for child and dependent care expenses, and the exclusion for dependent care benefits. It is important to look at the overall picture before making any decisions. In many cases, a client who is seeking custody, whether the client is a biological parent, adoptive parent, grandparent, or other interested person, wants to know if the child can tell the judge who they want to live with or at what age the child can decide whether or not they want to live with, or visit, the other party seeking custody. Yes, it is important to look at the overall picture before making any decisions physical and.! Under Tennessee statute, the judge doesn ’ t have to show up in court, or in or... 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