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Answered 2010-01-01 03:46:50

File a runaway complaint.

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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.


Yes, although the contempt citation is issued by the court after receiving documentation from the custodial parent of the failure of the noncustodial parent to obey the existing court order.


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


Yes, if he has the child 51% of the time. Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent.


No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.


Get a lawyer and have the matter taken before a judge. Even if the custodial parent refuses to respond to your attempts, she (or he) will have no choice in responding to a subpoena.


Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.


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.


For safety reasons the custodial parent should know where the child will be in case something happens to the non-custodial parent or if the child is not returned. If the non-custodial parent won't cooperate the custodial parent should return to court and request a court order.


If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.


The custodial parent must return to court and file a motion for contempt of a court order against the non-custodial parent.


Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.



Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.


It is not the custody agreement that determines who is qualified to claim the children as a qualified child dependents on a income tax return.Go to the IRS gov web site and use the search box for Publication 17 go to chapter 3Qualifying ChildResidency Test Rule 3Children of divorced or separated parents or parents who live apart. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.Equal number of nights. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.You can click on the below related link for more information and examples.


You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.


If the non-custodial parent is not barred from seeing the child, it would be VERY strange if the custody order(s) did not address visitation. If the custodial parent is denying the non-custodial parent court allowed access, then the custodial parent is in contempt of the court's order. My suggestion would be for the non-custodial parent to return to the court with this information - DO NOT attempt to 'force' the situation as it could wind up back-firing on you.


Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.


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.


That situation would place the custodial parent in contempt of a court order. The NC parent must return to court for help. A custodial parent who repeatedly refuses to obey a court ordered visitation schedule can lose custody.


Return to court and file a motion for contempt. Continued contempt of court ordered visitations can result in the custodial parent losing custody.



No, the custodial parent must give written a agreement which contains all pertinent information including the date the child/children will leave and the date they will return, how and when the non-custodial parent should stay in contact, and so forth. If a non-custodial parent removes a child/children from ANY place w/o the knowledge and/or permission of the custodial parent they are committing "parental kidnapping" and may be subject to criminal prosecution and other penalties.


Yes, however, you possibly have recourse if soon after the custodial parent leaves, you file a modification with the court. If the parent left with the child without the court's permission, some courts will require that they return with the child.


Maintaining consistency for the child's extracurricular activities should come first. The non-custodial parent should make an adjustment. The custodial parent has a legal obligation to obey the visitation order. If the parents cannot come to an agreement then they must return to court to request a modification of the visitation schedule.