answersLogoWhite

0


Best Answer
Copy

This often happens when one ex is angry with the other and it's not about the children at all, but a control issue. Your ex wants to hurt you and the best way to do that is through the children. If he is not paying child support and you have records, then yes, you can go to court and win. He's blowing wind up his kilt if he thinks he can win this one! Go for it!

Good luck Marcy

Thanks for the reply and support Marcy. I would like to clarify, not that it is a big deal other than it may give support to others, that I'm a single father and have primary custody. My ex-wife is ordered to pay child support ($650/month) and she currently owes over $10,000. The money is not near as important to me as keeping primary custody of the kids. I would rather her not pay if it helps my case in court, in the event she tried to get primary custody. I have been told that she can�t even take me to court if she owes child support but that is not true.

She can file for custodial rights. However the judge is going to want a very good explanation and proof of why she has defaulted on her support obligations. order. It is possible depending on circumstances, she can be held in contempt for non compliance to a court order. The possiblility of her receiving custody is not likely, unless the court receives substantial proof that the well-being of the child/children is in jeopardy.

User Avatar

Wiki User

โˆ™ 2015-07-15 21:37:43
This answer is:
๐Ÿ™
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
๐Ÿ˜‚
0
User Avatar

Add your answer:

Earn +5 pts
Q: Does non-payment of child support help the custodial parent retain custody if the non-paying parent tries to gain primary custody in court?
Write your answer...
Submit

Related Questions

What does primary custodial parent mean?

A primary custodial parent is someone who is given physical and/or legal custody of a child by a court order.


What is the standard visitation for the non custodial parent if the custodial parent has primary physical custody in Tennessee?

SEE LINKS BELOW


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?

In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.


If your child lives with you but you share legal custody with the other parent are you the custodial parent?

Primary residential


You have full physical custody of your daughter and you have joint legal custody can you move out of state without his permission?

No If by moving the party means a move within the jurisdiction of the court that mandated the custodial order, then yes, you may relocate. If the question refers to relocating outside of said jurisdiction, the primary custodial will need the written notarized permission of the non primary custodial parent and/or permission from the court.


If one parent has primary custody and the other parent has visitation which one is the custodial parent?

The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.


Does a parent who has primary physical custody have to pay child support if the child moves in with the non-custodial parent?

yes..


What can you do to prove that you are not an unstable mother and to keep primary custodial parent with joint custody in Illinois?

That is dependent of evidence. Consider counter filing for Bird Nest Custody. See link


What is primary legal custody?

Primary legal custody means the parent/person with whom the child lives can make all the decisions concerning the child such as schooling, medical care, etc. unless the custodial order deems otherwise.


How can i have the primary residence changed to me the non custodial parent after signing custody agreement in2002 my son has lived with me.?

File a motion to modify


Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?

No


What does it mean to have primary physical and legal custody?

You have sole legal control over the child, the child lives with you and the non-custodial parent has visitations.


How does a parent who has primary physical custody obtain sole custodial rights?

In some states a petition can be filed by the primary custodian to amend the current custodial order. The usual procedure is to file a new custody suit/petition in the appropriate state court in the county where the petitioner resides. Judges are very reluctant to grant sole custody to one parent. It is generally granted only when the non custodial parent agrees to relinquish their parental rights or a parent is found guilty of abuse and/or neglect and/or endangerment.


What is the difference between having full cusody and having primary custody?

Full custody is defined as one parent of a child having sole control over a minor child with the other having no custodial rights. Primary custody means that both parents share custody (also known as joint custody) but the primary custodian is the parent that the child spends most fo their time with/lives with on a regular basis. In other words, the parent that is not the primary custodian is the one that has the visitation rights.


How old do you have to be to switch from your mother's house in Florida if she has primary custody to your father's house in New York?

If the child has not reached the state's age for emancipation, the custodial parent must agree to the change or the non-custodial parent must petition the court to obtain equal or sole custody rights.


What if custodial parent is found to not be the biological father and there is no previous custody agreement does he loose all his rights and have to give the child back to its mother?

How can he be the custodial parent if there's no custody order? His relationship with the child would be the primary factor here. If he didn't know, Paternity Fraud may be an issue for the mother.


If there is no custody order can the school refuse to dismiss your children to you?

Yes. Only with the written permission of the primary custodial parent can the child be released to someone else.


Do you have to give up custody of your child if your child transfers school?

Well, this is actually a little complicated to answer since the question is a little to vague. So let me see if I can break this down: Let's talk about the long shot scenario: You are the custodial parent and you want your child to attend school in the same school district as the non-custodial parent; you are now going to have your child move in with the non-custodial parent so they can attend said school. So, the answer would be yes, you will have to give up primary custody of your child in order for them to live in the non-custodial parents home. This is what could happen: a. Adjust custody order to reflect joint custody; have visitation rights. Just understand that whoever has more "nights" with the child each year will be considered the custodial parent. As a non-custodial parent, you could be obligated to pay child support. b. Adjust custody order to reflect that non-custodial parent will have primary custody of your child. They will now be the custodial parent and you, as a non-custodial parent, may be obligated to provide child support. Easy scenario: You just want to move to a new school district, and as the custodial parent your child naturally moves with you. Then, no, you do not have to give up custody of your child. What you must do is provide the non-custodial parent with your change of address as well as a new home phone number if it changes.


Can a temporary custodial parent sign a marriage license?

No. If the primary custodial parent has not been granted sole and complete custody of a minor child permission for the minor to marry must be given by both parents or by order of the court.


What is a managing conservator?

It is a term used in some states to indicate who retains custody of a minor child. If parents share equal custody they are joint managing conservators. If one parent retains primary custody he or she is the sole conservator and the non-custodial parent is the possessory conservator.


Can joint custody be in different states?

A custody order can only be granted by one court usually in the state where the child presently resides. Judges are very reluctant to grant joint custody when the parents live in separate states. The usual procedure is for one parent to be granted primary physical custody and both parents sharing joint legal custody. The parent not having primary custody would be responsible for making his or her travel arrangements and living accomodations (or that of the child depending on the age) during visitation unless there is a different agreement made with the primary custodial parent.


Can a primary custodial parent move a child out of state without the other parents consent?

Not if the other parent has any parental rights. In that case the "primary" parent must obtain the consent of the court through a modification of the custody and visitation orders. It will go more smoothly with the consent of the non-custodial parent.


Does non custodial parent have a say in the child's educational decisions?

It depends on who has legal custody. One parent may have primary physical custody with both parents having joint legal custody.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.It depends on who has legal custody. One parent may have primary physical custody with both parents having joint legal custody.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.It depends on who has legal custody. One parent may have primary physical custody with both parents having joint legal custody.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.It depends on who has legal custody. One parent may have primary physical custody with both parents having joint legal custody.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.


What is the Standard Visitation for the non custodial parent if the custodial parent has Primary Physical Custody?

There is no standard. The policies vary from state to state and from jurisdiction to jurisdiction. There are no universal standards in family law. See the discussion page for some examples from various jurisdictions.


If you have primary physical custody and joint legal custody can the noncustodial parent stop a child from moving overseas?

Yes, it IS possible they could prevent it. The court may agree that if the child were to be removed from the country (or even the state) that the non-custodial parent would be deprived of their parental rights, and the child would be prohibited from knowing the non-custodial parent.