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∙ 2011-01-16 02:56:23Generally the noncustodial parent may move anywhere - within or outside the state where the children live. The court grants the noncustodial parent the right to visit the children but does not force the noncustodial parent to take advantage of that right. However, a court may require the noncustodial parent to provide the custodial parent with contact information and, where issues develop about the care or safety of the children, the court may require supervised visitation or at least that the noncustodial parent advise the custodial parent where the children will be.
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∙ 2011-01-16 02:56:23Yes. If the non custodial parent is denied visitation as outlined in the court order than the custodial parent is in contempt. Perhaps you should also establish a neutral exchange site and request the each parent notify the other parent within 48hrs any change in address or phone number. The custodial parent should know where the child will be when she is with the non-custodial parent. If something should happen to the non-custodial parent the custodial parent should know where to get the child. Wanting to keep that type of information secret shows a problem of non-cooperation and a parent who is not thinking of the best interests of the child.
Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.
It depends on whether the custodial parent reports the default to the court promptly. If the custodial parent is persistent and stays on top of the situation the court can apply sanctions within a few months.It depends on whether the custodial parent reports the default to the court promptly. If the custodial parent is persistent and stays on top of the situation the court can apply sanctions within a few months.It depends on whether the custodial parent reports the default to the court promptly. If the custodial parent is persistent and stays on top of the situation the court can apply sanctions within a few months.It depends on whether the custodial parent reports the default to the court promptly. If the custodial parent is persistent and stays on top of the situation the court can apply sanctions within a few months.
within a 50 mile range
No. The child is well within his/her rights to choose not to see the non-custodial parent. However, the non-custodial parent still contributed to that child being born, and is therefore required to help provide for him/her.
Without knowing your state, it is impossible to say. The baseline rule is probably "no," but there actually are a lot of situations where a non-custodial parent might be forced to provide his or her address to the custodial parent. The example that pops to mind is for the enforcement of a child support order, the state may require the non-custodial parent to disclose their address, either directly to the custodial parent or through a state agency.Another PerspectiveThis is a serious issue. For safety reasons the custodial parent has the right to know where the child will be during visitations. They have the right to have a contact number and address. A refusal by the NC parent to provide their address is cause for concern and may place the child at risk in an emergency.Suppose the child was not returned from a visit, the authorities were called in and when asked where the child had been visiting the custodial parent had to answer, "I don't know". Wanting to keep that type of information secret implies a problem that could become more serious in light of custody disputes and parental kidnapping. Courts do not assist such adversarial behavior between parents. If there is a reason to keep the address secret it would be arranged through a court order.Most separation agreements and court orders contain a provision requiring that both parents keep the other informed of new addresses, and both parents to keep the other informed as to where the child is. If there is no existing order to that affect then you should get one. The custodial parent could file a motion asking the judge to immediately order the other parent to give you, in writing, the address where he is taking the child and a permanent order to continually update that information within two weeks as necessary.No, you don't have to since the child(ren) do not live with you. However, if the non-custodial parent has visitation rights, then, same parent is entitled to know the other parent's address, phone, etc.Another PerspectiveThis is a serious issue. For safety reasons the custodial parent has the right to know where the child will be during visitations. They have the right to have a contact number and address. A refusal by the NC parent to provide their address is cause for concern and may place the child at risk in an emergency. Suppose the child was not returned from a visit, the authorities were called in and when asked where the child had been visiting the custodial parent had to answer, "I don't know". Wanting to keep that type of information secret implies a problem that could become more serious in light of custody disputes and parental kidnapping. Courts do not assist such adversarial behavior between parents. If there is a reason to keep the address secret it would be arranged through a court order.Most separation agreements and court orders contain a provision requiring that both parents keep the other informed of new addresses, and both parents to keep the other informed as to where the child is. If there is no existing order to that affect then you should get one. The custodial parent could file a motion asking the judge to immediately order the other parent to give you, in writing, the address where he is taking the child and a permanent order to continually update that information within two weeks as necessary.
If she has sole, within the limits of the court order. see links below
In child support issues the legal counsel for the custodial parent will usually ask the non custodial parent to voluntarily supply documentation of his or her income/assets. This would include a W-2 and/or copy of the person's tax return. If the non custodial parent refuses to comply voluntarily the attorney willlikely file apetition for a Motion to CompelDiscovery with the court. If it is granted the non compliant parent will be served with a court order to present the documents and/or information listed on the writ. Failing to do so within the designated time could result contemp of court charges.
Unfortunately the custodial parent would not be successful in attempting to enforce a support order against a non custodial parent who resides outside the U.S. Neither state nor federal agencies have legal jurisdiction in such civil matters. What is possible is, any assets such as bank accounts and property belonging to the non custodial parent that is within U.S. jurisdiction can be appropriated and used for the absentee parent's child support obligations. In some situations the custodial parent can file a lawsuit for support in the country where the non custodial parent resides. This action, however, can be very expensive and lengthy in nature with no guarantee of support enforcement even if an award is granted.
Every state that I am aware of or had to deal with personally (VA, NC, FL, OH, and KY) the answer would be yes. Both custodial and non-custodial parents have to notify the courts 30 days prior to moving, no less then 30 days after of their new address. There also should be something in your custody order stating that you have to inform each other within the same guidelines. You can petition for a show cause to get him to turn over the information and the judge may possibly reprimand him for failure to inform you.
That type of behavior should not be taken lightly. It is stressful for the child and custodial parent and she is in contempt of the court order regarding visitations. The custodial parent should file a police report if the child isn't returned within a reasonable time, 2-3 hours. The police should be given a description of the car and plate number. The custodial parent should also contact their attorney for advice. They may be advised to file a motion for contempt. Repeated violations of the court orders shows a lack of respect for the court and everyone else involved and may lead to more serious misbehavior.
No, not without possibly facing kidnapping charges. Any time a non-custodial parent takes a child across state lines of the child's legal residence, it can only be done without repercussion with the court's approval and that often needs the permission and cooperation of the custodial parent.Another PerspectiveSuch strict sanctions are generally not imposed on a loving parent who is simply separated from their child by reason of a divorce from the other parent. If the out of state visit is of short duration such as visiting a relative for the weekend or a trip to the beach or other vacation, the non-custodial parent should notify the custodial parent where they will be and how to contact them in an emergency. There should be an atmosphere of cooperation between the parents in order to minimize the stress imposed on all the parties involved. If there is no court order against removing the child from the state under any circumstances then it can be done within reason. If you are unsure, check the divorce decree and visitation order, visit the court and speak with an advocate or call your attorney if you have further questions.