it shouldnt matter. if the parent has custidy and the other dont and there is no visitation rights then then yes the perant can move
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.
The State in which the child resides.
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.
No, child support obligations and visitation or custodial issues are completely different matters.
Initially, nothing. There is no law that says a non-custodial parent must visit the child although there are laws that do govern child support payments. However, if the custodial parent wants to change the court document regarding the non-custodial parent's lack of visitation, the custodial parent should maintain a diary that includes all phone calls, visitation dates missed, any follow-up contact pertaining to the missed visitation with dates and times of contact. The diary can also contain the child's anticipation of the visit and the reactions to the missed visitation. After clearly documenting these infractions, the custodial parent can present the 'evidence' to the courts for remedy. It may be that the non-custodial parent can be charged with a type of abandonment and therefore permanently lose all parental rights. An attorney can explain in greater detail as it pertains to the State in which you reside since each State has different views on non-custodial parental conduct.
No, child support is calculated based on physical custody, which is different than visitation time. If you are not receiving your court-ordered visitation, contact your local Department of Human Services and let them know. However, you must still pay your court-ordered child support.
If there is a court order for visitation privileges it must be obeyed. Visitation and child support are treated as two entirely different issues. Just as an obligated parent is in contempt of a court order when they do not pay the mandated child support a custodial parent could be in contempt for not adhering to the visitation terms.
Child support and visitation rights are different issues. If there is no visitation order from the court the custodial parent can decide if visitation will be allowed and if it is, the terms, such as days, hours, etc. The non-custodial parent can file a petition with the court for visitation rights if an amicable solution cannot be agreed upon. Generally there must be a documented history of abuse or serious neglect before a judge will refuse a biological parent visitation rights. There are 2 different things. Legal custody and Physical custody. Regardless, child support and visitation are two completely different matters. He CAN ask the courts for visitation, it does not matter if he has been paying or not. If the father has no documented record of abuse with the child or any other violations then there's no right against him seeing the mother in which case he asks the court.
YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation. Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation. Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.
If they have joint custody, the Separation or Divorce Agreement typically states that they need to jointly agree to issues/direction regarding the child's health, education, etc. If the custodial/residential parent has sole decision making ability, that's a different story.
You'll need permission of the father and/or court.
That depends on whether the non custodial parent has any legal custodial rights and whether those rights are sole or joint. If the non-custodial has sole legal custody, probably. If not, then no, not for a minor child, not without the permission of the parent with sole or joint legal custody. There are different types of custody, physical and legal. Check your custody order before you proceed to get an answer, or contact an attorney.
No. Biological parents must be notified when the issue concerns minor children of which they share custodial rights. If the couple are not married the law presumes that the mother has sole custodial rights to the minor child/children until legal procedures are followed that might allow the biological father custodial and/or visitation rights.
They can not move to a different state without getting your permission or a visitation order from a judge. If you object to your child being moved out of state then you can make them move back to the state.
The motto of Our Lady of the Visitation School is 'There are Different Gifts but the Same Spirit'.
It would depend on how far away the other parent is moving away. To the next town, two cities away, or more than an hour away. If the parent is only moving to a new place in same town, then yes however they need to inform the other parent and the courts if a visitation order is in place that they are moving or have moved and to where. If there is a court order regarding visitation then no, not without your permission or not without filing a change of order regarding visitation with the courts. Only the judge can grant modifications to a visitation order. If there is not a court order and they are the legal father then they can move but they can not move to a different state. If they do move to a different state without getting your permission or a visitation order from a judge and you object to your child being moved out of state then you can make them move back to the state.
Hopefully, you have cooperation of the custodial parent, but if you do not (and even if you do to protect your rights), you would need to travel to the court of jurisdiction (where the child legally resides) and file a motion for visitation. If you cannot do this, you can hire an attorney to do it for you. However, as the result of your motion, a hearing will be scheduled and you really do need to show up for that. You will be questioned and from that, the judge will determine whether it is in the best interests of the child to initiate and keep to a schedule of visitation. The custodial parent will be notified and has the right to either agree or file a motion of objection in response to your request as well and has a certain (usually short) period of time to do so, so your visitation may not begin for a few weeks or a few months if your motion is granted.
child support and visitation rights are two totally different things. The answer is no.
I doubt it - support and visitation are different matters.
The non-custodial parent may file for a modification of the terms of visitation in the court with jurisdiction and be prepared to provide compelling reasons why their visitation should be terminated. They may also wish to include a provision reserving their right for visitation to be reinstated if permitted by and so ordered by the court. The courts want both parents to maintain a presence in their child's life but there may be some temporary circumstances when it might be impossible (parent transferred out of state for a job and returning home isn't possible, incarceration, hospitalization, etc., each state has different guidelines) but you should never make such a modification permanent, even if the court in jurisdiction would allow it.
Yes. Judges change custody of children all the time. It is good to have some data or other witnesses to back up your claims but it happens. A 17 year old child is usually old enough simply to move out of an abusive situation and into a different situation without any judge's permission. The problem is usually with child support payments.
Yes. A different view: If the custodial moves out of state and abandons a minor, then the custodial parent should be charged with endangering a minor, child abuse and neglect. Then the non-custodial parent should be given full custody of the minor child, and should then sue the parent who abandoned child for child support. There is never any reason or excuse for a parent to abandon a minor child, and leave them to "fend for himself". That is child abuse, child endangerment and neglect.
File suit to have the support order rescinded. However, child support and parental rights are two entirely different issues and a parent cannot be forced to relinquish his or her rights to their biological child. Voluntarily requesting child support termination does not affect the non custodial parent's custodial or visitation rights. The court will only terminate parental rights in cases of documented neglect and/or abuse, and sometimes not even then. In some instances rather than terminating rights supervised visitation will be ordered.
It depends on the custody agreement. If you have full custody, you can probably take the child. If you have some sort of joint custody/visitation arrangement, you will need permission from the court or the other parent for the child to move.
No. There is no law that says a parent must have contact with children. And that is justly so. It would seem a parent who was forced to have visitation would not be able to meet the emotional needs of the children.
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