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Yes but the custodial parent should take that factor into consideration when the child support and visitation orders are drafted. The custodial parent may need to arrange supervision of child support payments via direct payments by an employer or some other means. They should seek legal advice.

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13y ago
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13y ago

Yes. Divorce doesn't bound people to a state, and since the divorce isn't over, custody wouldn't have been granted yet.

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Q: Can the non custodial parent move out of state before a divorce is over?
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What are the rights of a custodial parent needing to move out of state when the non custodial parent has visitation?

It depends on the state laws where you live and the stipulations of your divorce decree. Generally, you cannot move the child without the consent of the non-custodial parent and the court. The visitation order would require modification.


In the state of Missouri if the wife got pregnant before the marriage can a divorce still be filed?

Yes. Child support will be awarded to the custodial parent if the couple are the biological parents of the child.


In the state of Nevada can a custodial parent take child out of state without permission from the noncustodial parent?

It really depends on how the parental rights are divided and should be specified in your divorce/support paperwork.


Can the custodial parent who lives in 1 state file for child support in the state the non-custodial parent lives in?

of course


Can noncustodial parents prevent custodial parents from leaving the state with baby?

A noncustodial parent can prevent the custodial parent from leaving the state with a baby or child. The court will decide if the custodial parent has just cause to leave the state.


In Michigan can the noncustodial parent take the children out of state on vacation without the custodial parent's permission?

No, a non custodial parent can not take a child out of state without the custodial parents permission. The non custodial parent could be charged with kidnapping if charges are brought against them.


Is the custodial parent responsible to pay for visitation travel expenses when non-custodial parent lives out of state?

If the custodial parent is the one to move, than yes.


If Got divorced in Idaho and moved does the custodial parent have to follow?

No, the court can bar a custodial parent from taking the child out of state away from the non-custodial parent, but cannot force the custodial parent to relocate to be closer to the NCP after they move.


Does the child support payment have to flow through the non-custodial parent's state if the custodial parent lives in another state?

It depends on the court order. if there is a court order established then it will usually state the specifics. You can have private child support which means you pay the custodial parent directly or you can have your check garnished and it can be sent from your employer to the court house of the state of the custodial parent where they will distribute it.


What if you get remarried and want to move out of state with your child but your separation agreement states that you can't can you now move if your new husband's job is located out of state?

The new marriage does not supercede any court order currently in place preventing the child from being removed from the state and the court's jurisdiction. If there is no final divorce decree, the custodial parent should discuss the future plans he or she has for moving from their current resident state so that this situation can be addressed by the court before the final decree is granted. If the divorce has been finalized, the custodial parent may not take the child from his or her current state without getting permission from the court that issued the original custodial agreement.


Does non custodial parent have to pay for orthodontics if it is in divorce decree?

If you're responsible for providing the health care (as the non-custodial parent) then yes. Perhaps you and your ex can split it, the cost being significant, but don't count on it! Laws vary state to state, this is not the forum for an exact legal answer you can take to the bank. Keep that in mind!


Can the non custodial parent take your kid on vacation out of state for Christmas?

Yes, with the written approval of the custodial parent. You need custody letters from the custodial parent saying that they permit their child to travel with you.