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Having a felony conviction does not necessarily make a bad parent. People do change after serving time, or is he/she currently serving time? In that regard, a Child In Need of Care Motion needs to be filed.

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Q: How do you get custody from custodial parent with felony?
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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.


Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.


What happens if the custodial parent does not follow the court order for visitation in Nebraska?

He/she can lose custody all together. The non-custodial parent needs to file a motion for contempt of a court order. If the custodial parent continues to violate the order they could eventually lose custody.


Can the custodial parent keep the child from the non custodial parent if the child does not want to go?

No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.


If the custodial parent is convicted of a crime and becomes incarcerated does the noncustodial parent automatically becomes the custodial parent - correct?

No, the child goes into the care of custodial parents relatives. A motion for emergency change of custody is required. see my profile.

Related questions

Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.


Can a judge change custody if the custodial parent is in contempt of current orders?

Yes. If the custodial parent is breaking the court orders the judge can give custody to the non custodial parent if he/she is fit.


What if custodial parent leaves child with grandparent?

The non-custodial parent can file for custody.


What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.


Can the custodial parent change an order for custody of child occurring after custodial parent's death?

No. The court is the only the one that can change a custody order.


When custodial parent dies does noncustodial parent get custody?

Yes, they do.


Who is the custodial parent when custody is fifty percent for each parent?

If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.


If you have joint custody of a child can this child move in with you?

If you have joint custody, there is one parent that is the custodial parent. A child can move in with you if you are the custodial parent or you can file in court to change your status to the custodial parent. The child should want to live with you as well.


If the custodial parent kicks the child out of the house what rights do the non-custodial parent have?

They need to file for custody


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.


Can a custodial parent sign over temporary custody if the non custodial parent is in prison?

No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.


Can your friend watch your child without the non custodial parent's permission?

No, the non custodial parent cannot give permission to have a friend look after their child and non custodial means you have no custody rights so the permission should be granted by the parent that has custodial rights.AnswerIf you are the parent with legal custody you do not need the non-custodial parent's permission to allow your friend to watch your child. The parent who has legal custody has both the right and the authority to make that decision.