0
If a mother has custody of the children but does not live with them what can a non custodial parent who wants the children do?
Wiki User
∙ 15y ago
The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?
If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.
Can you move your children out of state if you have residential custody?
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
Can the non-custodial parent take the children out of state on vacation without the custodial parent?
You can take the child out of state based on your custody order. If you don't have a custody order and paternity has never been established then the mother has sole custody and you only get what rights she grants you voluntarily (including how far away you can take them).
Our VA custody agreement says we share legal and physical custody and the children shall reside with the mother for school purposes. The father has weekly visitation. Who is the legal custodial parent?
Both of you are legal custodial parents. Neither parent has greater costodial rights that the other one.
Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?
In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.
Will the judge change custody over to the non custodial parent if the custodial parent went to prison?
The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.
Can a judge change custody if the custodial parent is in contempt of current orders?
Yes. If the custodial parent is breaking the court orders the judge can give custody to the non custodial parent if he/she is fit.
What if custodial parent leaves child with grandparent?
The non-custodial parent can file for custody.
If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?
Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.
If the dad has custody but child lives with mom can mom file for support?
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.
What constitutes custodial parent in reference to child support?
The custodial parent is the parent with custody/guardianship of the child.
Can the custodial parent change an order for custody of child occurring after custodial parent's death?
No. The court is the only the one that can change a custody order.
