What state has jurisdiction over a child?
child’s home state
What is considered a child’s home state?
The home state is where the child has lived with a parent, or a person acting as a parent, for six consecutive months. The six months must come immediately before the start of the child custody case. For children younger than 6 months, the home state is the state they have lived in since birth.
How does custody work if parents live in different countries?
If a parent living in another country tries to take the child out of the country in violation of the child custody order, the parent can invoke the Hague Convention on the Civil Aspects of International Child Abduction.
How do you prove a parent is unfit in California?
There are some generally accepted grounds a parent can use against the other to show they are unfit. These include abuse, neglect, domestic violence, mental illness, substance abuse, incarceration, among other factors. It’s important to understand the difference between physical and legal child custody in California.
Why would social services remove a child?
Social services’ main aim it to protect the child. Social services do not have the authority to decide when to remove a child. If they believe the child to be at risk of significant harm, they can’t remove the child from the home unless a court order has been granted.
Can I lose custody of my child for being bipolar?
A diagnosis alone cannot cause you to lose custody of your child. Plenty of adults with mental health issues can be safe and attentive parents. For example, if a parent is managing their bipolar symptoms in therapy and has no history of abusive behavior, then a judge is unlikely to deny them custody.
What proves a parent unfit?
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
How do you prove someone is mentally incompetent?
You start the process of declaring a person mentally incompetent by filing an official petition with the local district of your state’s probate court. At the same time that you are filing to have someone declared mentally incompetent, you are also filing to become their legal guardian.
Which is the hospital for mentally incompetent?
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