need to get back my son that I had from 1st marriage 20 years ago.
15-Nov-2023 (In Family Law)
I was married 20 years ago and have a son from that marriage. I got divorce on mutual consent within a year of marriage and my son is with my divorced ex wife. then I got remarried in 2000 and I have 2 children. now I want to ask for my son from my first marriage. can i ask. what are the legal complications.
Hi sir, first of all want to know what type of conditions you wrote in the mutual divorce petition. next will be seeking custody or visitation rights. now your son will be major and it will be his decision to come with you or not. yes you have the right to file the petition.
When a relationship ends, your responsibilities to the children of the relationship continue after you separate from the other parent. The division of childrearing responsibilities after separation is set out in a custody and access agreement - an important part of a separation agreement. A court can also make an order for custody and access.
A parent with custody of a child is responsible for the physical care of the child, including where the child lives and the daily decisions about how they are raised. You must have custody of a child to be involved in making the major decisions about a child's life such as their education, religion, and health care.
Access is the legal term for the right of the child and parent to spend time together. Although they may not have a role in making decisions, a parent with access has the right to receive information about the child's education, health, and well-being. Other family members, like grandparents, can also have the right to access. Usually a parent who does not have custody will have access to the child.
The right to access is also the child's right. The parent with custody can't refuse access to the other parent because of bad feelings between them or failure to pay child support.
A parent with custody of a child is responsible for the physical care of the child, including where the child lives and the daily decisions about how they are raised. You must have custody of a child to be involved in making the major decisions about a child's life such as their education, religion, and health care.
Access is the legal term for the right of the child and parent to spend time together. Although they may not have a role in making decisions, a parent with access has the right to receive information about the child's education, health, and well-being. Other family members, like grandparents, can also have the right to access. Usually a parent who does not have custody will have access to the child.
The right to access is also the child's right. The parent with custody can't refuse access to the other parent because of bad feelings between them or failure to pay child support.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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