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"custodial" ... "their" ... In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

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13y ago
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13y ago

1) to pay child support; 2) to petition the courts for visitation

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Q: What rights does a non custodial parent have if they sign over custody to mother and step father?
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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.


Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.


Can a mother with full custody get a passport without father's signature?

neither parent can.


Who gets custody of a child when the married mother dies and biological father does not have rights?

Only if she did not have parental rights when the man dies. Otherwise she automatically gets custody unlesss she is unfit. It is assumed the couple was not married. In the United States an unmarried biological mother already has legal custody of her child unless her parental rights have been affected by a court order. If the child was living with the father, his family may petition for custody and in that case the mother should contact an attorney who specializes in custody issues or visit the family court and ask to speak with an advocate.


What happens if the custodial parent does not follow the court order for visitation in Nebraska?

He/she can lose custody all together. The non-custodial parent needs to file a motion for contempt of a court order. If the custodial parent continues to violate the order they could eventually lose custody.

Related questions

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 are the rights of the mother who has shared custody of the child but is not the custodial parent?

same as a father under the same conditions. What the court orders say.


What if custodial parent is found to not be the biological father and there is no previous custody agreement does he loose all his rights and have to give the child back to its mother?

How can he be the custodial parent if there's no custody order? His relationship with the child would be the primary factor here. If he didn't know, Paternity Fraud may be an issue for the mother.


Can your cousin choose to live with her mother at the age of seventeen instead of her father?

That is most likely up to the court that controls custody, or to the custodial parent.


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.


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.


Does a non-custodial mother have to pay child support to the father?

Yes, if the father is the custodial parent. It works just the same as when the mother is the custodial parent. The non-custodial pay child support based on their income and other factors.


How old do you have to be to switch from your mother's house in Florida if she has primary custody to your father's house in New York?

If the child has not reached the state's age for emancipation, the custodial parent must agree to the change or the non-custodial parent must petition the court to obtain equal or sole custody rights.


Why does father who has custody of two children but still pays non custodial parent child support?

That does not seem right. The father needs to go back to court and get the Judgement altered so that the mother pays the non custodial support.


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.


How come a father has to automatically pay for child support and a mother may not if the father is the custodial parent?

A custodial parent may have to pay child support if his income is significantly higher than that of the non-custodial parent based on the non-custodial parent's "parenting time" percentage.