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Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.

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โˆ™ 2012-10-11 15:01:07
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Q: Can an out of state parent gain custody of children?
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Related questions

If custodial parent moves out of state and leaves child with noncustodial parent does the noncustodial parent automatically gain custody?

No, but the non-custodial parent has a pretty good case for getting custody in court.

If the divorced parent who has full custody gives up all rights to child to the state may the other parent gain custody?

Yes, this could happen.

How can a father gain custody of his children living in another state?

you have to apply through the courts

How do you re- gain custody of your children?

Have sufficient evidence that: 1.) You are a fit parent and/or 2.) The guardian of the children is an unfit parent and then: present the information in front of a judge in a court of law.

If the custodial parent is unemployed can this help non-custodial parent get custody?

No. Losing your job is not in and of itself grounds for losing custody of your child. The parent who wants to gain custody would need to file a motion for custody and convince the court that the custodial parent is unfit and that it would be in the best interest of the child to award custody to the other parent.

Can a parent gain full custody of a child that is 18 years old?


How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer?

How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer

How do I gain custody of a minor from biological parent?

Non-parent custody is granted only under certain circumstances and through specific procedures. The rules vary by state, generally you must follow specific court procedures and provide clear proof that harm will come to the child if the non-parent custody is not granted. It is best to consult an attorney.

Can a non custodial parent gain custody if legal parent is in jail and child has no guardianship?

Yes unless they are found to be unfit.

Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?


Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.

How do you gain child custody if the person who has custody is a perfect parent in the court's opinion but is really a complete witch?

You have to prove your case and convince the court.

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