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Your child lives in a home being investigated by CPS what are your rights as non custodial parent?
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∙ 14y ago
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Can you keep the father of your child from having visitation rights and still collect child support?
Child support and visitation are two separate issues. The custodial parent can file a suit for child support but cannot deny the non custodial parent custodial or vistation rights is said parent wants those rights. That being said, the non custodial parent can file for custody or visitation regardless of whether the child support issue is addressed or not. Such matters are decided by the court if the parents cannot find an equitable solution.
Can non custodial parent petition for cessation child support when child refuses any contact whatsoever?
No. The child is well within his/her rights to choose not to see the non-custodial parent. However, the non-custodial parent still contributed to that child being born, and is therefore required to help provide for him/her.
Can living with a custodial parent prevent the custodial parent from being awarded child support from the ex?
Not really the Judge will decide this matter for you.
Does a non custodial parent pay child support while he or she attends college?
All biological parents are legally responsible for the financial support of their minor children regardless of the circumstances. The issue of not having custodial rights and being in college is not relevant to the court when a support order is issued.
What happens when you are paying child support but being denied visitation and your child resides in a different state?
The non-custodial parent should file for visitation rights for the child in the county where custody was given. If the parent who has custody of the child is preventing the non-custodial parent the right of visitation they can be found in contempt of court if visitation has already been established. If the custodial parent has too many repeated contempts filed against them, custody can be switched to the other parent.
Should the custodial parent go to court to let the child live with the non custodial parent?
Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.
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.
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
Can a custodial parent prevent the noncustodial parent from talking to their children on the phone?
Maybe, if the absent parent does not share custody in any manner and there is not a visitation order in place, a custodial parent can take whatever action he or she chooses in regards to a minor child. However, courts do not look favorably upon any parent who does not allow the other parent to have a relationship with his or her minor child/children unless there is substantiated reasons (child abuse, endangerment, etc.) for the action. A parent who is being denied access to his or her child/children can file suit for visitation and/or custodial rights if they so choose.
Can the original child support order ever be changed without the consent of the non custodial parent?
Since a Child Support Order is a Court Order the Court can change their Order as they see fit, regardless of what the Non-custodial parent, or the custodial parent think. The Court does not need your "consent" to issue an order. The Non-custodial and custodial parent would receive notice of a Court hearing or administrative hearing prior to any changes being made to the Court's Order, so it is important to show up to the hearing! This is not to be construed as legal advice, always seek the advise of an attorney to preserve your rights.
Can IMM5604 be waived from being signed by non accompanying parent if sole custodial parent intends to migrate to Canada?
I doubt it, since the main purpose of the form is to ensure that the non-custodial parent is aware of and approves of the trip. There wouldn't be a form if Canada didn't care about the non-custodial parent's wishes.
Can a custodial parent claim a child if he is now a ward of the state?
Being a ward of the State in itself means there is no custodial parent, and certainly none that supports the child, which is needed to take the deduction.
