Parenting and Children
Custody
Child Support

Can the non-custodial parent claim the children without permission of the custodial parent?

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2005-11-25 23:33:29
2005-11-25 23:33:29

No, the custodial parent must give written a agreement which contains all pertinent information including the date the child/children will leave and the date they will return, how and when the non-custodial parent should stay in contact, and so forth. If a non-custodial parent removes a child/children from ANY place w/o the knowledge and/or permission of the custodial parent they are committing "parental kidnapping" and may be subject to criminal prosecution and other penalties.

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No the custodial parent has to have either the courts permission or the non-custodians permission.

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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.

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If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.

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It is against the law for a non custodial parent to take their child out of State (can be considered kidnapping) without the written permission of the custodial parent. If the custodial parent agrees then be sure it is in writing, with the date and signature of the custodial parent and carry it with you during the trip.

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No. In the strict legal sense a grandparent (or anyone) cannot take a minor child anywhere without permission from the custodial parent(s) or guardian.

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Not without written permission of the other custodial parent or by Order of the Court.

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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

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Yes. It is also kidnapping if the CUSTODIAL parent abducts the child, on the grounds that they are interfering with the other parent's care/access of the child (assuming a court order in place granting such access).

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No, the non custodial parent cannot give permission to have a friend look after their child and non custodial means you have no custody rights so the permission should be granted by the parent that has custodial rights.AnswerIf you are the parent with legal custody you do not need the non-custodial parent's permission to allow your friend to watch your child. The parent who has legal custody has both the right and the authority to make that decision.

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I think so, however you will need the courts permission for the child to visit you and leave their home state.

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No. The custodial parent is required to obey the visitation order. They should have made arrangements with the NC parent and obtained their consent. If they continue to violate the visitation order the non-custodial parent should file a motion for contempt of a court order and stay on top of it. They could eventually lose custody.

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Not without the permission of the courts and the mother, AND provided the mother is not, nor will in the future, collect AFDC.

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If the non- custodial parent takes the child without permission it is considered kidnapping.

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In Michigan, the custodial parent can't move the kids more than 100 miles away from the other parent and can't go out of state, even for a vacation, without permission from the court

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Yes, however, you possibly have recourse if soon after the custodial parent leaves, you file a modification with the court. If the parent left with the child without the court's permission, some courts will require that they return with the child.


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