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Answered 2007-01-02 22:46:56

To give a lawyer's answer...It depends. It depends on a large number of factors, the jurisdiction the court which has authority of the case, and the particulars of the "on again, off again" partent. In any event, it will require you to hire a lawyer and he will have to go to court and argue that the other parent is an unfit parent. One thing you must realize is that even though the law is gender neutral, most courts strongly favor the mother. * Only the court has the power to award or rescind custody. The court of jurisdiction in custodial cases is the one that issued the original order. The exception being if there is substantiated and indisputable evidence as defined by existing state law that the presiding judge 'grievously erred" when he or she rendered the decision. A major factor in all custodial cases is the parenting plan that each parent is required to submit to the court, rather than the attempt to prove the other parent to be unfit. It is difficult to ascertain what the term "off and on again" means, when it pertains to a parent who has been awarded full custody. Full custody indicates that the named parent has the children in their care, or in the in the care of a qualified adult/caregiver, except for required visitation by the non custodial parent. Full custodial rights further dictate that said parent has the legal power to make all decisions concerning the welfare of the child or children (education, medical issues, etc.) Be that as it may, no person (including an attorney) can guarantee the outcome of a custodial case (or any case for that matter).

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Can a non custodial parent get custody of a child when child goes and lives with non custodial parent?

If the child goes to live with a non custodial parent, then the non custodial parent has custody. If you are asking about legal custody, the non custodial parent would have to petition the courts to change the custody order.


What can be done if the non custodial parent interferes with the custodial parent's parenting time?

One can go to court and sue for interference of time with child and breaking custody agreement.


Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

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What can a non-custodial parent do if the custodial parent is in jail?

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Can a judge change custody if the custodial parent is in contempt of current orders?

Yes. If the custodial parent is breaking the court orders the judge can give custody to the non custodial parent if he/she is fit.


What if custodial parent leaves child with grandparent?

The non-custodial parent can file for custody.


Does the non custodial parent have to go to court to get custody after the custodial parent dies?

yes


Can a non-custodial parent sign school permission slips and authorization for medical treatment at a daycare and things of that nature?

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What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.


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

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What rights does the non custodial parent with joint custody have if refusing to give child back?

That non-custodial parent has no right to "keep" the child. A parent who refuses to bring the child back to the parent who has physical custody or joint custody is in contempt of court and risks losing custody.That non-custodial parent has no right to "keep" the child. A parent who refuses to bring the child back to the parent who has physical custody or joint custody is in contempt of court and risks losing custody.That non-custodial parent has no right to "keep" the child. A parent who refuses to bring the child back to the parent who has physical custody or joint custody is in contempt of court and risks losing custody.That non-custodial parent has no right to "keep" the child. A parent who refuses to bring the child back to the parent who has physical custody or joint custody is in contempt of court and risks losing custody.


When custodial parent dies does noncustodial parent get custody?

Yes, they do.


If you have joint custody of a child can this child move in with you?

If you have joint custody, there is one parent that is the custodial parent. A child can move in with you if you are the custodial parent or you can file in court to change your status to the custodial parent. The child should want to live with you as well.


If parents have shared custody and the custodial parent dies who gets the child?

In the United States when the custodial parent dies, the non-custodial parent automatically gains custody unless they've been deemed unfit.


Can the custodial parent get counsleing for the child without non custodial parent permission?

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Who is the custodial parent when custody is fifty percent for each parent?

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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.


Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

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In Louisiana when a sole custodial parent dies who has custody Does custody revert to non-custodial parent automatically?

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Can a custodial parent sign over temporary custody if the non custodial parent is in prison?

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It depends on what kind of custody arrangements you have. If you have joint legal custody, you both have to decide together what is best for the children. If you do not want the child to have a tattoo, the non-custodial parent should not allow the child to have it done and you can file contempt charges if they do.


If the custodial parent kicks the child out of the house what rights do the non-custodial parent have?

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In Texas what can a non custodial parent do when trying to get custody of child and custodial parent doesnt cooperate?

see links


Can the custodial parent sign over temporary custody to non custodial parent?

No, but you can grant extended visitation privileges.


How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?

By applying to a court.