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A custodial parent who is contemplating any move that would interfere with the non-custodial parent's custodial and visitation rights must return to court to seek a new custodial and/or visitation agreement. Courts view this issue with the focus being on the child's best interests and that includes the importance of having access and time with both parents. This issue is viewed not as permission for the parent to move but for permission to move the child. See links for more information.

http://www.writerlaw.com/every-custodial-parent-needs-know-california-move-away-law/


https://www.divorcenet.com/resources/child-custody-and-relocation-laws-california.html

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โˆ™ 2017-10-07 15:06:13
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Q: Did California recently pass a law that will only allow a custodial parent to move a certain amount of miles away from the non-custodial parent?
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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


Can a noncustodial parent legally make the custodial parent live in a certain county or state?

Not arbitrarily. He or she could request the court to issue such an order, but the decision would be made by the judge hearing the case.


What rights does a noncustodial parent have to a child?

The child has a right to see the parent if she wishes. The wishes of the child should be of paramount importance. Unless there are certain court orders in place (restraining order, protection from abuse order, divorce decree or Parental Rights and Responsibilities) or if the noncustodial parent has a criminal record for a sexual offense, the noncustodial parent does have rights. However the things they do should be with consideration for the child and custodial parent in mind.AnswerUnless they have been determined to be unfit the non-custodial parent has the right to request a visitation order from the court with jurisdiction over the case. Once the visitation order has been established the non-custodial parent has the right to enforce that visitation order, exactly as stated in the order, unless it is modified by the court. The non-custodial parent has the right to be informed about important aspects of the child's life such as medical conditions and treatments, school attendance and school functions, sports programs, etc.


Can it be part of the divorce decree who gets to claim the children for tax purposes?

Yes, but that is not the end of the story.The divorce decree can specify who gets to claim the dependent exemption for the child for income tax purposes. However, there is a specific attachment the noncustodial parent must file with his or her tax return each year to claim the exemption.In general, the IRS allows the custodial parent to claim the dependency exemption. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent. If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year.The rules as to when the noncustodial parent can claim the exemption changed effective for tax years beginning after July 2, 2008 (the 2009 calendar year for most taxpayers.)POST-2008 DECREE OR AGREEMENTFor divorce decrees that went into effect after 2008, the custodial parent must sign Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent(or a similar form,) and give the signed form to the noncustodial parent to release the exemption. The noncustodial parent must attach that form to his or her tax return to claim the exemption that year.The noncustodial parent can no longer attach certain pages from a divorce decree or separation agreement instead of Form 8332 if the decree or agreement was executed after 2008.The custodial parent can specify on Form 8332 the release applies to only the current tax year or all future tax years. To help ensure future support, you may not want to release your claim to the exemption for the child for future years.POST-1984 / PRE-2009 DECREE OR AGREEMENTIf 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.However, the custodial parent who gave up the exemption via the divorce decree does not appear to be without recourse. See "To revoke a prior release of exemption" below.PRE-1985 DECREE OR AGREEMENTThe rules are again slightly different if the divorce decree or separation agreement went into effect before 1985. See the instructions for Form 8332 if that applies to your situation.TO REVOKE A PRIOR RELEASE OF EXEMPTIONForm 8332 can also be used to revoke a prior release of exemption. The revocation is effective no earlier than the tax year beginning in the calendar year following the calendar year in which the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation.For example, if the custodial parent provides notice of revocation to the noncustodial parent in 2009, the earliest tax year the revocation can be effective is the tax year beginning in 2010. You can use Part III of Form 8332 for this purpose.You must attach a copy of the revocation to your return for each tax year you claim the child as a dependent as a result of the revocation. You must also keep for your records a copy of the revocation and evidence of delivery of the notice to the noncustodial parent, or of reasonable efforts to provide actual notice.


Does a non-custodial parent have to inform the custodial parent about their change of address?

they only have to inform the custodial parent of the change of address if they still wish to contact the childAnswerIf they want to stay in contact with that person or the child or if you are having to pay a certain amount for the child then yes of course otherwise it is up to your own discretion


Tornadoes in California?

Under certain circumstances


Is there a certain time frame that the custodial parent should get medical bills or insurance EOBS to the noncustodial parent who is responsible for medical bills not covered by insurance?

You contact your local Domestic Relations Office for the information. They should have a policy on it. In the state of PA the custodial parent must provide the documents within 6 months or the Domestic Relations Office may not assist in recouping the funds from the non custodial parent. Good Luck. What does the Court Order say? I would suggest the sooner the better, if the claim wasn't processed correctly the other parent might be able to get it corrected. Maybe the other parent has other coverage that will pay it. Also, the medical provider would want to get paid as soon as possible. for more info see www.steveshorr.com


Can the non custodial parent have child sleep on the floor?

The custodial parent could take that issue back to court if they are convinced that situation is not in the best interest of the child. The non-custodial parent should make certain the child has comfortable sleeping arrangements. An air mattress could be purchased at low cost and would be better than sleeping on the floor.


Does the non-custodial parent need permission to leave the country?

By law, you must both go up to the location where they will issue a passport and both parents must sign a statement saying it is okay. If you have documentation that shows you are the custodial parent, you can have your child "red flagged" with the government and this way if he were to try to get a passport for your child they would have to notify you and then you can stop it. In the US the non-custodial parent can leave if they choose, they cannot however take a minor child with them unless a court rules otherwise. • This depends on your custody agreement, but I'm fairly certain a non-custodial parent needs permission. Just like a custodial parent will need permission depending on what the custody agreement states. I do know, however, that a custodial parent can get a passport without the permission of the non-custodial parent if he/she meets certain requirements. is that parent's name the only one on the birth cirtificate? Does that parent have sole LEGAL custody?


Where did john stienbeck write his novels?

i believe it was soledad California. i know it was California but I'm not for certain on the town.


Can a non custodial parent avoid full time work?

I'm guessing that you are the custodial parent, and you are wondering what you can do to get the non-custodial parent to make enough money to help pay for the expenses of your child? The technical answer to your question is, "Yes, a non custodial parent CAN avoid working..." However, there may be consequences for the dead-beat parent that s/he won't like. If you can show that the non-custodial parent is intentionally neglecting his/her responsibilities, the court will be able to take certain measures against the dead-beat parent. You need to consult with a family-law attorney, and it is usually best if you use the same attorney who handled your original custodial agreement. If you cannot afford an attorney, there are free legal services in every state.


What country recently banned full-face veils?

France. Under certain circumstances.


What habitat does California condors live in?

California condors live up to a certain degree and found in Southern California, Arizona, New Mexico, and Baja Mexico


What laws would force a 15-year-old to return to the custodial parent's home if they ran away to the non-custodial parent's home?

It depends on the state, but most states have a certain age set where the child can decide which parent they want to live with. Usually, it is around 13 or 14, but it can be different. If your child hasn't reached that set age, then they must continue to live with the custodial parent.


Why was each California mission a certain distance apart from another?

sions


Can the custodial parent move out of state when the noncustodial parent doesn't want them to?

Not without permission via a court order. The court will schedule a hearing on the matter and then render a decision. It will make certain the move is in the best interest of the child.Not without permission via a court order. The court will schedule a hearing on the matter and then render a decision. It will make certain the move is in the best interest of the child.Not without permission via a court order. The court will schedule a hearing on the matter and then render a decision. It will make certain the move is in the best interest of the child.Not without permission via a court order. The court will schedule a hearing on the matter and then render a decision. It will make certain the move is in the best interest of the child.


Is it legal to have a chimpanzee as a pet in California?

No, it is not legal to have a chimpanzee as a pet in California. California is one of several states in the United States that have banned the ownership of certain animals as pets.


Can parents take their kids where they want?

Not everywhere they want; places that don't allow persons under a certain age are still off-limits. Non-custodial parents have limits on where and how far they may take their children, away from the custodial parents, and may need special permission to visit a faraway place.


Can you ship wine in California?

Wine can be shipped to and from California to most states. However, certain counties in Alaska, Massachusetts, Tennessee and West Virginia do not allow shipment of wine from California.


What is the minimum wage in California?

The minimum wage in the state of California is $8.00/hr. It may be higher in certain California cities like San Francisco according to local laws.


Can you sue your spouse for adultery?

Civily sue-no. But if you are going to divorce or have a custodial battle, it dose matter in certain states. Ied talk to a lawyer or consult the state law/ statutes.


Can the courts force a child to vist a non custodial parent?

Courts make decisions for the best interest of the child. If a child does not want to be in a certain environment the court will not force that child into it.


In the state of Ohio is a non custodial parent required to spend time with his children for a certain period of time?

When a married couple with children divorce, there are custody issues involved. When a non custodial parent is given visitation rights through the court, he or she visits the child or children on the designated days that are established through the court.


Can a 18 year old high school graduate move in with grandma for 4 months and then in with noncustodial parent and than that parent puts him in January 2008 college get custody and child support?

Being 18 makes you an adult and with that privilege gives you the right to make your own adult decisions you can move in with who you want. And no one not even the custodial parent can keep you from making your own mind up. You are free to make your own decisions. As far as Child support in most states that is discontinued once the child reaches the age of 18 unless there are back child support due by the noncustodial parent. Once you reach a certain age custody is no longer an issue the child can make his or hers choice on which parent they chose to live with.


Is there any way to prevent a non custodial parent from taking or picking up your child from school?

The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.