This depends on what is in your custody agreement. Usually, the custodial parent may do anything he/she pleases. However, if it is decreed in the court records that you should not take the minor out of state, this would not be that case. One advantage to soul custody w/ no stipulations is that you may move wherever you like and tak the child with you; if the non-custodial parent wants to make arrangements to see the child or attempt custody of the child they must do so in the place of the child's residence, wherever that may be.
ClarificationAs long as the other parent has parental rights and a court has jurisdiction over the case, the custodial parent cannot move out of state without the consent of the non-custodial parent and/or a modification of the existing court orders. Generally, the custodial parent is free to move only if the other parent's rights have been terminated or never established as in the case of unmarried parents where a father never establishes his paternity legally.
In the case of the incarcerated parent, the court would be likely to approve the move. State laws vary. You should seek legal advice from an attorney who specializes in custody issues in order to avoid the possibility of future legal problems.
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.
can noncustodial parent parent claim 1 child if divorce with 2 kids
I think so, however you will need the courts permission for the child to visit you and leave their home state.
noI'm in KCMO
no
if the child doesn't want to see the noncustodial parent he doesn't have too. don't force him to do it =)
Generally, no.
no
It really depends on how the parental rights are divided and should be specified in your divorce/support paperwork.
The one who would be responsible for the child during that time which would be the non custodial parent.
only with the court's permission
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.