0
Can you get contempt of court when the noncustodial parent refuses to return the child when he is court order?
Wiki User
∙ 14y ago
If the custodial parent refuses to obey the visitation order the non-custodial parent can file a motion for contempt.
No argument intended, but only the presiding judge can issue a contempt order and that generally does not happen.
If the non-custodial parent refuses to return the child, the usual procedure is for the custodial parent to first contact the child protection/enforcement agency for assistance. A social worker accompanied by police who have jurisdiction where the minor child is in residence will contact the non custodial parent and request the release of the minor to them. After a preliminary investigation of the circumstances they usually transport the minor child/children to the primary custodian .
However, if there are circumstances which suggest the minor may have been endangered and/or neglected in either household he or she will remain in state's custody. All such action is reported to the court. A hearing is scheduled where all parties are required to attend. The judge will decide at that time what action if any should be implemented.
Wiki User
∙ 11y ago
Wiki User
∙ 9y agoNo, the non-custodial parent must return to court and file a motion for contempt of the existing court order. The NC parent cannot just automatically retain custody of the child without a modification of the court order in their favor.
Wiki User
∙ 14y agoYes, although the contempt citation is issued by the court after receiving documentation from the custodial parent of the failure of the noncustodial parent to obey the existing court order.
Wiki User
∙ 14y agoYou must file a motion with the court setting forth the violation(s) and requesting that the offending parent be found in contempt of the court's order. The court will take it from there,
Add your answer:
Earn +20 pts
If a noncustodial parent moves out of town in order to work and is not able to get the custodial parent to return phone calls to set up visitation what can be done?
Get a lawyer and have the matter taken before a judge. Even if the custodial parent refuses to respond to your attempts, she (or he) will have no choice in responding to a subpoena.
If a 16 year old runs away from their custodial parent in NC to live with their noncustodial parent in WY can they be forced to return home?
Yes.
Is it custody kidnapping if parent refuses to return child or let other parent come for child?
If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.
How does custodial parent make 17 yr old child return from noncustodial parent in Alabama?
File a runaway complaint. see links below
What you do when the non-custodial parent hasn't followed the custody order?
The custodial parent must return to court and file a motion for contempt of a court order against the non-custodial parent.
What if custodial parent won't abide by court taxes and visitation?
Return to court for an order of contempt. The court can sanction the offending party.
Can custodial parent stop non custodial parent from getting children on court ordered weekend visits?
Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.
How long does a noncustodial parent have to notify the custodial parent of a release of claim to exemption that the custodial parent previously released to the noncustodial parent?
Revocation of release of claim to an exemption.The noncustodial parent is NOT the ONE that has to notify the custodial parent.The CUSTODIAL parent has to do this.For 2009, new rules allow the custodial parent to revoke a release of claim to exemption that the custodial parent previously released to the noncustodial parent on Form 8332 or a similar statement. If the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation in 2009, the revocation can be effective no earlier than 2010. The custodial parent can use Part III of Form 8332 for this purpose and must attach a copy of the revocation to his or her return for each tax year he or she claims the child as a dependent as a result of the revocation.Post-1984 decree or agreement. If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can still attach certain pages from the decree or agreement instead of Form 8332 provided that these pages are substantially similar to Form 8332. For any decree or agreement executed after 2008, the noncustodial parent must attach Form 8332 or a similar statement signed by the custodial parent and whose only purpose is to release a claim to exemption.Go to the IRS gov web site and use the search box for Publication 504 Divorced or Separated Individuals go to chapter 2You can click on the below related link
What does contempt in court mean?
Contempt of court is most commonly used with regard to people who have violated direct orders of the court. For instance, a person who has been ordered to return a piece of property and refuses to do so may be in contempt of court. However, the term can apply to any disrespect shown to the court/judge. Recently, an attorney was jailed for contempt of court for cursing in the courtroom.
What if a Missouri parent refuses to return a 15 year old to Indiana at the end of summer visitation what can a next of friend for the 15 year old do legally to prevent further kidnapping charges?
There is no kidnapping. At the worse there may be contempt of court order. But as a friend of the 15 Y/O there is nothing you can do as you have no legal standing in a custody dispute. I recommend you talk to the custodial parent and have that parent begin proceedings. There are non profit organizations that specialize in visitation over stay violations.
Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?
Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.
Can noncustodial parent leave child with his girlfriend and refuse to give name of who takes care of your child?
Absolutely not. This is dangerous and irresponsible. If it continues, you will want to return to court to restrict or discontinue the NCP's visitation rights.
