If a child lives with the mother in a different state than the father and father wants to file for custody where would he file in his state or the child's state of residence?
In the state where the child resides
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Does the mother of a child in joint custody have the right to take her out of state without asking the father?
Answer . Absolutely NOT! If you find that you need to move out of state, you need to file a motion to amend your settlement agreement with regards to custody issues. Most likely you will have to pay for the father's attorney's fees in order to do this and the courts do not have to allow you to mo…ve. If possible, work out the negotiations between yourselves and have a court mediator make the changes, to save on legal fees. There will be issues regarding visitation (you will probably have to pay at least half of the cost, if not all for transportation of your minor child to travel back and forth between your residences) and reasonable parenting time must be set up for the father.. ANSWER. However, if the mother is only taking the child on a very temporary vacation, she should simply try to avoid any interference with visitation. The mother should let the father know where they will be or how to reach them in case of a family emergency. (MORE)
If you want to file a child support order against your child's father and you live in New Jersey and he lives in New York in which state should you file?
Answer . \nThe order is always filed in the custodial parent's state of residency which in this case would be New Jersey. All states honor child support orders and will enforce them, although some states are more aggressive in the process than others. Both New Jersey and New York are consistent a…nd decisive in their child support collection procedure. If possible the non-custodial parent's wages will be garnished by the state, and the amount withdrawn directly from the pay period that is mandated in the order. (MORE)
What is the chance of the biological father getting custody if a mother has two DUIs and she moved to a different state and will not let the father know the residence?
Answer . \nIf a judge has granted you visitation rights, then it's called kidnapping, if you have never been granted visitations, time to get a lawyer, and get your visitations, you have rights too as a father, the DUI will possibly help you get joint or sole custody, good luck!
If neither parent has custody can the father take their child to live with him and it not be a crime so long as he files a parenting plan and they both live in Washington state?
Answer . Do it the legal way and have her served. You will need to file the proper custody paperwork at the courthouse, then wait until she is served. Once she has been served, take the children legally. Get a lawyer and be prepared for a fight.. Yes. Until a custody order has been issued by the… court both parents have full rights to their biological child/children. The other parent must be notified of the child's/children's whereabouts and be allowed reasonable visitation. Likewise, as noted, in Washington State the filing of a parenting plan is usually required. As long as the proper procedures are followed the court will not look unfavorably upon either parent. However, it is not in the child's/children's best interest to be removed from the family home unless the circumstances are such that their well-being is in jeopardy. (MORE)
\nThere is a sub-system so to speak, within each state's child support agency. It is an interstate office. When parents reside in different states, support can still be obtained for the child(ren). The state where the absent parent resides will be petitioned by the state where the custodial paren…t resides. Once this happens, the state of the absent parent will accept (usually) the responsibility of enforcing the child support order. This entails motions in court, driver's license suspension, house liens, bank account withdrawal, and any other means deemed legal by the state. (MORE)
Answer . no the father usally doesn't get custidy, Unless he fights for it and wins the case.. Answer . no the father usally doesn't get custidy, Unless he fights for it and wins the case.
You live in the state of Texas and father with sole custody of child the military is station you in Hawaii can your child mother prevent from your child to go with you?
If you have sole custody no. However, can you still provide for the child? School etc? If she wants to prevent it then let her go to court.
What state do you file for unemployment benefits in if the state in which you reside is different than the state in which you work?
You file wherever you live. Even if you worked in California and now live in a different state. The current state will send your application to the other state.
How can you file a custody petition if you don't have an address for the father in the state of Pennsylvania?
You list the city where you think he lives. The court will publish a notice in that local newspaper.
If there's a court order, it'd need to be followed. Most court ordered custody will explain about parents moving out of state. If there's no custody order, I'd consider putting one in place before moving. The father could file a custody case in MI, if you leave and he doesn't like it.
If mother has primary custody can she send child to live with relatives without fathers permission Do you still have to pay mother child support if mother and son live in different states?
No she absolutely cannot do that. In fact, wherever she lives, she isn't legally authorized to leave the state with those kids WITHOUT your written consent. If you agree and it's in writing, she can take the kids to another state and, no matter where they are, child support still applies.
My child's father left state for two year can he take my child for a week if i say no?
If the mother lives in different state than the father can she file for custody of child without father knowing?
No. Biological parents must be notified when the issue concerns minor children of which they share custodial rights.. If the couple are not married the law presumes that the mother has sole custodial rights to the minor child/children until legal procedures are followed that might allow the biologi…cal father custodial and/or visitation rights. (MORE)
yes. go to your local Department of Child Support Enforcement & file. Be prepared to provide them with as much info on the father as possible. such as: social security number, most recent address, employer, you get the idea.
Six months, provided the separated parent has not filed an Injunction in the home state.
If divorce was filed in West Virginia and one parent lives in Texas and has custody of child which state makes decisions on child's welfare?
Read the Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA) . Most states have adopted it.
Which state do I file temporary custody if the child lives is a diffent state?
If the child has lived with her grandmother in a different state from the custodial parent can the father who lives in the same county as the child get custody of the child after legitimization?
I assume you to mean after the child has resided there for six month, and jurisdiction has been transferred? It would require a custody challenge like any other. see related links
If neither parent has custody can the father take their child to live with him and it not be a crime so long as he files a parenting plan and they both live in Pennsylvania state?
If there was a legal divorce and division of marital property, the custody of the child(ren) MUST have been addressed in the divorce action. Check your divorce papers carefully. If it somehow happened that it was not addressed at the time of divorce, and you do not wish the father to have custody,… you can go back to court and re-open the child custody portion of divorce proceedings, and a judge will make a determination as to who is the more 'fit' parent for primary custody. As long as the parenting plan is filed, yes. But, there are far more issues to be addressed if the father is not married to the mother. see link (MORE)
If unmarried parents never establish custody in Illinois can the mother relocate with the child to a different state without the fathers permission?
Yes, but the father can file an injunction ordering the child be returned to the jurisdiction of the courts. Better to get it approved. see link.
Father is custodial parent in Texas mother lives in ca if for some reason child at 12 wanted to move to ca with mom would Texas who has jurisdiction allow him to move out of state?
Yes, but within the limitations of the court. Section 153.008 of the Texas Family Code
Can a mother take her child out of the state that her and the father reside in without the fathers consent if neither one has been appointed sole custody by the court system and they are not married?
Yes, but he has up to six months after the move to file an injunction ordering the return of the child.
Filed is not custody, and if she didn't have possession at the time, she cannot get temporary custody. He moved faster.
No. If the mother has full custody, the father must pay child support to the mother who is supporting the child. Put simply, the non-custodial parent pays child support to the parent who does have custody. If the custodial parent makes significantly more than the non-custodial parent, the court …will not order the non-custodial parent to pay the custodial parent. There are formulas for each state and county that the courts follow. There are also circumstances that do not follow typical guidlines. (MORE)
If you are the mother your parents have an overall say, if they say it is best for him to take the child then it will be done. However if you are the father think for a minute, is the child better with the mother & grandparents or with you, also are you going to take care of a baby full time, if …so who will earn the household living, think for a minute babies require a LOT of care & love if they don't get it they will be screwed up for life if it's better with the mother you can get visitation rights to see him/her. This is Texas State law, it will vary by your state, but not much its all almost the same law everywhere, but just DO WHATS BEST FOR THE CHILD!!! (MORE)
This depends on the state. In Arizona, yes. In every other state, he can and should file an injunction, which can be done even after the move.
If the court order states that the mother has permanent sole care custody and control custody of the child and the child lives with his grandmother does the father still have to pay child support?
Yes, but he could file for custody. Not tomorrow, nor next week. Take a month and prepare. see links below.
If Father has joint custody and the mother wants to move out of state is she allowed to leave with the child when father doesn't agree?
Once a court acquires jurisdiction over a family through a divorce proceeding, it retains jurisdiction over the minor children. If the father objected to the removal of the child there would be a hearing and the court would hear evidence. It may not allow the removal of the child from the state. The… focus of the hearing would be the best interest of the child and that the father's rights of visitation not be violated without good reason. The mother would be allowed to provide evidence that the move would benefit the child. The court would review all the testimony and allow or deny the motion. (MORE)
He has whatever rights the courts set forth, but he might have to pay for at least half the travel costs.
I have a court order for child support in state where both parents lived at time of order. Father now lives in another state but is in arrears. What state do I file for contempt?
The parent with custody would file in the region where THE CHILD lives. Contact your local Attorney General's office. Interstate cases are complicated and better left to the professionals.
How long does it take to receive first child support check if you the mother live out of state but the father files on him self?
I teach fathers how to do that, so he may be one of my students. Locally done, you would be looking at 6-8 weeks for the whole process to be complete, meaning he has paid it in and it has been processed. Depending on your state, you will be issued a debit card.
The mother lives in Ohio and the father lives in Pa so which state does the father file for visitation in?
Ohio if the mother has lived there for at least six months. see links below
In ca can a father just come to the state and take the kids form the mother without her knowing even if he files for custody in another state?
Absolutely not, and i would advise your not doing so. The Parental Kidnapping Act specifically addresses such instances, and labels the taking parent, i.e. you, a felon. You must file in the state in which the children have resided for the last 6 months. Should you prevail, you may have leave to rem…ove the children from the state. (MORE)
Can a 15 year old child in New york State just go live with his grandparents if he wants to if his biological father wants him to reside with him?
No. Your legal guardians, in this case your parents I believe, are the ones deciding where you should live. You may choose at 18yo.
If child lives with mother in a different state does the father pay support where the child resides or where the father resides?
The court that issued the order has jurisdiction but moving can complicate the situation. You should consult with an attorney or some other child support enforcement specialist. Courts will enforce child support orders from other states however, with reduced staff, it may be difficult to find that k…ind of support. (MORE)
Only one venue may have jurisdiction over a child support matter at any one time. (However, multiple States may enforce an existing order.) The case is typically filed in the State where the child currently resides. .
Only one venue may have jurisdiction over a child support matter at any one time. (However, multiple States may enforce an existing order.) The case is typically filed in the State where the child currently resides.
Could a child's father keep the mother from moving to a different state even if she has full custody?
Relocating out of the state is a substantial change in circumstances that could justify a change in custody. Since the mother already has sole custody, it is unlikely that the court would order a change but it is possible. Normally the CP is required to notify the NCP at least sixty days in advance …of the move to give the NCP time to file for a modification of child custody. However, we are a mobile society and permission to relocate is usually freely granted. Here is an article on relocation. The laws are similar in all states. (MORE)
Mother wanted to leave state with child to pursue career change. Judge awarded 'temporary custody' to father . What does this mean?
The father has temporary custody until the court has held a hearing, examined the issue from both sides and made a decision concerning a permanent custodial order. The father has temporary custody until the court has held a hearing, examined the issue from both sides and made a decision concerning …a permanent custodial order. The father has temporary custody until the court has held a hearing, examined the issue from both sides and made a decision concerning a permanent custodial order. The father has temporary custody until the court has held a hearing, examined the issue from both sides and made a decision concerning a permanent custodial order. (MORE)
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling. No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the cour…t will hear the objections and issue a ruling. No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling. No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling. (MORE)
What do you do if you are living in a different state than your spouse and want to file for divorce?
It depends on whether there are child custody and/or property division issues involved, as well as the length of time you have been living in another state. The residency requirements for obtaining a divorce vary from state to state. This is actually could present fairly complicated issues and it wo…uld be best to consult an attorney. (MORE)
A motion for custody or modification to an existing custody order must be filed in the jurisdiction where the child legally resides.
That depends on the law in your state of residence. Generally, the mother (if the couple is unmarried) has presumptive custody if no custody agreement has been hammered out in court. However, the father always has the option to petition for a custody agreement at any time including provisions reg…arding moving across state lines or to a location where visitation would present a hardship. If the parents are married, they generally are automatically considered to have joint and equal custody of a child until a custody order is in place. It is always in the best interests of the child for the parents to come to an acceptable agreement over these issues and have them legalized to prevent the child becoming a pawn in a game of tug-of-war between the parents. (MORE)
Can a mother file abandonment charges on a father who has custody because the father has not picked him up from a different state when the mother came to get him and father has no way to pick him up?
It would be cruel to file abandonment charges against the father simply because he had no way of picking the child up. Arrangements could have been made. It is time both parents thought of the child and not themselves. If the father tried his best then accept it; if he is a dead beat father and the …mother cannot rely on the father then file abandonment charges. (MORE)
No, the person who has the child is the person who gets the childsupport so she would have to pay child support herself, as well asthe father, to the person who has custody of the child.
Can a father who has joint custody with the mother stop her from visiting another state with the child?
Generally, a parent can take the child for a visit to another state unless there is a court order that prohibits it. For example, lots of people travel across state lines to take a vacation at the seashore during summer vacation. If the parent who objects has a serious issue they would need to take …it before a judge. (MORE)
Generally, in the state where the child resides. Generally, in the state where the child resides. Generally, in the state where the child resides. Generally, in the state where the child resides.
Can the Virginia State Police intervene and go to the residence where the father lives and demand him to turn over the child for them to return to the mother?
If there is a coiurt order that the child should be with the mother yes.
This may be possible. It is best to speak to a lawyer and get advice that is specific to your case, and the laws where you and your child live.
Can an unmarried mother move out of state with her child when the father is not listed on birth certificate but has filed for sole custody?
No. It would be very unwise for the mother to remove the childrenwhen a petition for custody has been filed. She must attend thehearings and cooperate with any court orders. Removing the childrenand failing to participate in the court process could result in herlosing custody. Just because the fathe…r has requested sole custodydoesn't mean that the court will approve his request unless themother is deemed by the court to be an unfit parent. The father canrequest a DNA test and once determined to be the biological fatheris more likely to obtain joint custody and a visitation schedule.He will also be required to pay child support. Th mother should hire an attorney who specializes in custodyissues. If that's not possible she should check with the courtabout the availability of speaking with an advocate. (MORE)