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What rights does a non custodial parent have that has no legal right to the child If the child does not want to return home to the custodial parent that has sole custody Child is 17 Senior in a dif st?
Wiki User
∙ 16y ago
If you have a good parenting relationship with the ex, discuss the issue with them. You'll need to be certain that the child is not using this as a way to avoid reasonable issues (curfew, schooling, household responsibilities) at his current residence. Set the same expectations. Many states will allow a child over 12 or 13 to choose one home over the other, but you will have to go to court, if you cannot get an agreement from the custodial parent. Don't forget to get some document of your having rights to sign for schooling, medical and so on, and to provide insurance and other of the child's needs. Child support won't automatically be the same, either.
Wiki User
∙ 16y ago
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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.
What do you about support when you are the non-custodial parent and the custodial parent wants to hand over the child to you?
They can't simply "give the child to you." You need to return to the court and have the custody order modified so you'll have legal custody. It will go easier if the current custodial parent consents to the modification. At that time the current support order should be terminated and you can request child support if you wish.
Did California recently pass a law that will only allow a custodial parent to move a certain amount of miles away from the non-custodial parent?
A custodial parent who is contemplating any move that would interfere with the non-custodial parent's custodial and visitation rights must return to court to seek a new custodial and/or visitation agreement. Courts view this issue with the focus being on the child's best interests and that includes the importance of having access and time with both parents. This issue is viewed not as permission for the parent to move but for permission to move the child. See links for more information.http://www.writerlaw.com/every-custodial-parent-needs-know-california-move-away-law/https://www.divorcenet.com/resources/child-custody-and-relocation-laws-california.html
What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?
Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.
If a non custodial parent takes the child by getting the trust of the custodial parent but refuses to return the child and threaten to take the child out of the country can this warrant an arrest?
There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?
Can custodial parent change his mind about previous consent for child to live with with non custodial parent?
Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.
Is it custody kidnapping if parent refuses to return child or let other parent come for child?
If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.
What you do when the non-custodial parent hasn't followed the custody order?
The custodial parent must return to court and file a motion for contempt of a court order against the non-custodial parent.
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.
How long does a minor child have to reside with a parent before he can get his child support revoked?
If there is a change in physical custody the new custodial parent should notify the court immediately and get the child support order modified. It should be done at the same time as the change in custody. He should return to court and inquire there.If there is a change in physical custody the new custodial parent should notify the court immediately and get the child support order modified. It should be done at the same time as the change in custody. He should return to court and inquire there.If there is a change in physical custody the new custodial parent should notify the court immediately and get the child support order modified. It should be done at the same time as the change in custody. He should return to court and inquire there.If there is a change in physical custody the new custodial parent should notify the court immediately and get the child support order modified. It should be done at the same time as the change in custody. He should return to court and inquire there.
Can custodial parent stop non custodial parent from getting children on court ordered weekend visits?
Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.
What do you about support when you are the non-custodial parent and the custodial parent wants to hand over the child to you?
They can't simply "give the child to you." You need to return to the court and have the custody order modified so you'll have legal custody. It will go easier if the current custodial parent consents to the modification. At that time the current support order should be terminated and you can request child support if you wish.
Can a 12 year old child choose not to visit their non-custodial parent in the state of New Jersey?
No they may not. The custodial parent has the responsibility to ensure their minor child abides by the terms of the visitation order until the child reaches the age of majority in Oklahoma, which is 18. Otherwise, the custodial parent could be found in contempt of court and fined/jailed based on the same. However the child is always free to make their wishes known to the judge, either in court when custody is being decided, by requesting a meeting with the judge, writing a letter to the judge expressing their wishes, or engaging an attorney or guardian ad litem to speak for them. The judge will take into consideration the wishes of the child, and generally, the older the child, the more weight is given to those wishes. Ultimately, however, the judge will rule depending on what he or she feels would be in the best interests of the child.
If a parent takes their child out of state to stay for a month do they have to return the child to the primary custodial parent?
Yes, unless the parent who has the child also holds sole physical and legal custody.
Does a parent have to be home during visitation?
If their parent is not present to take advantage of their court ordered visitations the custodial parent should return to court to change the order, especially if there is a concern for the child's safety. The child has the right to be in the care and custody of the non-custodial parent during visitations and should not be forced to spend their visits with others in the absence of their parent.
Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?
Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.
Does the non custodial parent have to return child to unsafe conditions?
No but they must take the matter to court immediately and ask for temporary custody until the court can review the situation.
