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Who has custody of a minor when a custodial order has not been issued by the court?
Wiki User
∙ 9y ago
If there is no court order and the parents are married, then both parents share custody 50/50. They should come up with a parenting plan while legal custody is being determined. If one parent feels they should have custody for whatever reason, then go to the courthouse and file for temporary custody. The parent who does this is most likely to keep the kids in the settlement. Losing the kids temporarily doesn't look good and it is an uphill battle to get them back.
Wiki User
∙ 9y ago
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Can custody be changed if the custodial parent removes minor children from the country in violation of a court order?
Yes
Can a temporary custodial parent sign a marriage license?
No. If the primary custodial parent has not been granted sole and complete custody of a minor child permission for the minor to marry must be given by both parents or by order of the court.
Can a 16 year old live with a non custudial parent if the other parent has died in Ok?
In Oklahoma, if a minor's custodial parent dies, the non-custodial parent can generally assume custody. However, the court may intervene to determine the best interests of the minor, especially if there are concerns about the non-custodial parent's ability to care for the minor. It's advisable to consult with a family law attorney to navigate this process.
Can the custodial parent keep the child from the non custodial parent if the child does not want to go?
No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.
Can a 15-year-old decide to live with their non-custodial father while visting without police involvement in Texas?
Yes. Custody issues are civil affairs and police will not become involved unless a custodial parent has a court order of requisition to have the minor returned to their custody.
If my minor runs away from custodial home and goes to school and works partime what modifications can I ask for from court as the non-custodial paying parent?
You ask for a custody modification. The child is considered a runaway and as a minor, cannot receive child support directly. see link
If an acting conservator dies and her husband is named as the 'assuming conservator' what are the options a sister has to gain custodial rights of the minor child?
None. The court has ruled on the custodial issues of the minor child/children involved. Unless the appointed custodian is deemed unfit or unable to assume the responsiblity by the court, the court will not agree to hear custody contestations from other parties
What can you do if you live with your uncle and want to move back in with your mom and she still has custody of you?
The minor may leave the relative's home and return to the residence of the mother whenever she so chooses. This however would not apply if the uncle has temporary or permanent legal guardianship of the minor or some other form of custodial order has been issued by a court.
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.
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.
In the State of Texas how can a 15-year-old move in with the non custodial parent if the custodial parent refuses the request?
The parent who holds the custodial order is the parent who has the legal right to control all the actions of the child in question. The non custodial parent would need to petition the court in which the original order was made to have custody rights changed or amended so the 15-year-old could legally reside with them. If the minor leaves the home of the custodial parent without permission, said parent has the legal authority by means of the custody order to have the minor child taken into custody and returned to the family residence.
Can the single father take away the child from the mother's living place without the court order?
Obtaining a passport for a minor in the US requires both parents. You'd would have to get a court order giving you custody. *Being granted sole legal custody does not necessarily mean the custodial parent can remove a minor child from the US. If the court grants sole custody to one parent and visitation rights to the non custodial parent permission to take the child out of US would need to be granted by the court. The matter might be the jurisdiction of a state or federal court depending upon the resident or citizenship status of the parents.
