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No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.

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โˆ™ 2015-05-27 13:22:05
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Q: Can a custodial parent sign over temporary custody if the non custodial parent is in prison?
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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.


Who gets custody of kids when custodial parent goes to prison?

the noncustodial parent, or sometimes if there are other issues involved, you may be able to assign temporary custody to another relative. In either case, you should consult a family law attorney to avoid the kids being placed in foster care.


Does a non custodial parent still have to pay child support when the custodial parent is in jail?

Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.


What happens if your 15 yr old runaway shows up at your house but you are not the custodial parent?

You have to take her back or call the other parent to come and get her. It's illegal to harbor a runaway and you don't want to end up in prison. After she is returned you can go for custody if that is what you want. Permanent or temporary.


Can the custodial parent continue to receive child support payments if they are in prison in Tennessee?

If the parent is in prison the child is no longer considered to be in above said's custody. Unless it was an overlook by the state, the incarcerated parent should receive no benefits for the child, as those benefits are marked for use by the person or institution with physical and legal custody of the child or children.


Can a custodial parent waive back child support and keep the non-custodial parent from going to prison?

only with the court's permission


Do I need permission from noncustodial parent who is in prison if I want to move out of state with the minor child?

This depends on what is in your custody agreement. Usually, the custodial parent may do anything he/she pleases. However, if it is decreed in the court records that you should not take the minor out of state, this would not be that case. One advantage to soul custody w/ no stipulations is that you may move wherever you like and tak the child with you; if the non-custodial parent wants to make arrangements to see the child or attempt custody of the child they must do so in the place of the child's residence, wherever that may be.ClarificationAs long as the other parent has parental rights and a court has jurisdiction over the case, the custodial parent cannot move out of state without the consent of the non-custodial parent and/or a modification of the existing court orders. Generally, the custodial parent is free to move only if the other parent's rights have been terminated or never established as in the case of unmarried parents where a father never establishes his paternity legally.In the case of the incarcerated parent, the court would be likely to approve the move. State laws vary. You should seek legal advice from an attorney who specializes in custody issues in order to avoid the possibility of future legal problems.


Do you still have to pay child support to the custodial parent even if they are in or going to prison?

You have to obey the orders of the court until they are modified after an appropriate motion has been filed with the court and approved by the judge. The court will generally act independently and it is up to the noncustodial parent to seek a termination or suspension of the child support and seek custody of the children.


If a non custodial parent has been in prison for ten years of the child's life are they required to make back child support payments for the time period that they were in prison?

Most likely, no. But the custodial parent could (possibly) get a court order for them to pay it. Most people would just be satisfied to have the payments resume and not request back payments.


If one parent was in prison for almost a decade do they still have any custody rights?

Yes. For more info. see GRANTING CUSTODY Did the parent keep in contact with the children? Here's the incarcerated prisoners manual http://www.prisonerswithchildren.org/pubs/ipm/toc.htm


Can a judge issue a name change for a minor child if the non custodial parent has been in and out of prison?

The custodial parent can submit a petition for a name change. The reason can be explained and a judge will consider the request. The judge has the power to allow the change of name.The custodial parent can submit a petition for a name change. The reason can be explained and a judge will consider the request. The judge has the power to allow the change of name.The custodial parent can submit a petition for a name change. The reason can be explained and a judge will consider the request. The judge has the power to allow the change of name.The custodial parent can submit a petition for a name change. The reason can be explained and a judge will consider the request. The judge has the power to allow the change of name.


When would one parent get sole custody of children?

If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much be unfit such as abuse, drugs and/or prison record for the mother to get full custody. That is pretty much when the only time I have known any parent to get full custody of their children.

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