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2013-03-15 07:00:37
2013-03-15 07:00:37

180 days per year, per parent on a 2 year average.

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Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.


The non-custodial parent must notify the custodial parent of their intentions and the destination of their vacation. The custodial parent has the right to know where the child will be. Also, it is unlikely the visitation order provides that the non-custodial parent can keep the child out of school for a vacation. They would have no automatic right to do so. They would need the consent and cooperation of the custodial parent.



If longer than 30 days, outside a normal extended visitation.


No, but beyond 30 days, and provided it's not during a summer extended visitation, a motion for a change of custody can be filed.


Usually a percentage of time is divided between parents for child visitation. If one parent has primary custody, they probably have the child 70% of the time ... that would leave you with 30%. In days, that would be about 2.1 days per week. The actual 'rate' or allotted time for each parent is determined by the courts at the time of legal separation and/or divorce. The judge will determine these amounts in some cases.


Normally within 30 days, sometimes longer. Most of the time the judge will slap custodial parent on the wrist and say "no, no. You shouldn't have kept the other parent from seeing the child". It is very sad!


Child support and visitation rights are different issues. If there is no visitation order from the court the custodial parent can decide if visitation will be allowed and if it is, the terms, such as days, hours, etc. The non-custodial parent can file a petition with the court for visitation rights if an amicable solution cannot be agreed upon. Generally there must be a documented history of abuse or serious neglect before a judge will refuse a biological parent visitation rights. There are 2 different things. Legal custody and Physical custody. Regardless, child support and visitation are two completely different matters. He CAN ask the courts for visitation, it does not matter if he has been paying or not. If the father has no documented record of abuse with the child or any other violations then there's no right against him seeing the mother in which case he asks the court.


Yes, if the courts have awarded both parents custody of a 13 year old child they they have to visit a parent on the days given by that court of law. If the child is being abused in any way they can let their parent know and refuse to visit the other parent or, they could complain to Child Aid or even a relative.


There would have to be more to it then just leaving them along. If they attended school and didn't throw any parties, there shouldn't be a problem with it.


Child Visitation, Standard Notice(Download)Date:Dear ______________.The purpose of my letter is to plan the visit of ____________ (Name or Names) with me to begin on _________ (Date), at ________ (Exact Time) and to be returned to you on ____________ at ___________.Please include a written list with anything you believe I should know or be aware of regarding medicines, illnesses, or other such things I should be alert for. Please pack the following special clothing ______________________________ because we plan to do the following: _____________________________.Thank you for your help in all of this.Best regards,___________Parent Picking Up ChildChild Visitation, Standard NoticeReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. Notice to the custodial parent is an important thing to most of them. It is advised that the visiting, or non-custodial parent, observe the formalities of the visitation requirements, especially in early days of the divorce relationship.Fights break out easily enough in these matters without fanning the flames. Considerate treatment of each other goes a long way towards dosing the flames, at least to a smoldering condition.1. Sign the letter.2. Keep a folder with letters of this kind in them, especially if you are the person paying child support, alimony, and the like (generally the non-custodial parent).3. Courts have made it clear, on a repetitive basis, that payment or nonpayment of child support and various other financial matters do not impact the rights to visit the minor children involved.4. This means the non-custodial parent may not withhold money payments if their visitation rights are violated and custodial parents may not withhold visitation rights if money is not paid as due by court order or agreement, certified by the court.5. Visitation is supposed to be about the children. Try to keep it that way. Good luck!


Question needs to be clarified. There are many laws, including: * Child Support can be stopped, by court ruling, due to denial of visitation; * Child support can be stopped, after notification to Child Support Enforcement, after 30 days of extended visitation; * Child support cannot be stopped in the event of the death of the obligor parent.



When a married couple with children divorce, there are custody issues involved. When a non custodial parent is given visitation rights through the court, he or she visits the child or children on the designated days that are established through the court.


IRS Deduction 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. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent. Time spent in Day Care and/or School is deducted from the total.


School is not a place of visitation, and ultimately the school is responsible for returning the child to the custodial parent at the end of the day, unless that specific custodial parent has notified the school of other arrangements. In this situation, it is imperative that the court order that sets forth legal custody be on file at the school.You need to check the laws in your particular jurisdiction by consulting an attorney or an advocate at the family court. Your question implies a non-custodial parent taking the child out of school during the school day. Generally, Unless the parents have shared legal custody, the non-custodial parent has no right to remove the child from school.The parent with sole legal custody should make certain the school has a copy of the court order that granted them sole legal custody. If someone other than the custodial parent will be picking up the child during the school day the parent should notify the principal in writing and also call to confirm. If necessary, the school should have on record a copy of the visitation schedule if the non-custodial parent will pick the child up after school on their visitation days.


Yes. A different view: If the custodial moves out of state and abandons a minor, then the custodial parent should be charged with endangering a minor, child abuse and neglect. Then the non-custodial parent should be given full custody of the minor child, and should then sue the parent who abandoned child for child support. There is never any reason or excuse for a parent to abandon a minor child, and leave them to "fend for himself". That is child abuse, child endangerment and neglect.


The extent of a parent(s) custody rights are determined by a court order. The ideal situation is for both parents to reach a workable, amicable decision. The time that is spent with a parent does not necessarily indicate sole or joint custody.


Well actually, it depends. A non-custodial parent can still have liberal, defined visitation and if that parent, say has 3 days a week or every weekend, and their income is vastly lower than the income of the custodial parent then there would be an avenue in many states where that 'non-custodial' parent would be entitled to child support. Again, it would vary on a number of factors including what you mean by non-custodial. If non-custodial includes no physical or legal custody and/or no visitation at all, the avenue seems virtually impossible. However, simply being non-custodial would not be the single defining point. In fact, there wouldn't be a single variable that would determine the answer to this question (particularly as state law were weighed in). Best advice, contact an attorney, many will provide free first consultations.


John took one of the kids on visitation?


The rules are related to time spent with each parent. IRS Deduction 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. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. It can be found at The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent. Time spent in Day Care and/or School is deducted from the total.


No IRS Deduction 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. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent. Time spent in Day Care and/or School is deducted from the total. see links below


Each state has its own laws about what "normal" visitation is - check with a lawyer familiar with the laws in your state. However, most states have a uniform child possession law similar to that of Texas. In Texas, the child possession order is set out in the family law statutes, and most courts will use that law unless the specific circumstances indicate another schedule should be used, or child visitation should be reduced. The Texas law has the non-possessory parent having visitation on the first, third, and fifth weekends of each month, beginning on Friday at 6:00 pm, and ending on Sunday at 6:00 pm. If that weekend is an extended holiday, the visitation includes that longer day, either Friday or Monday. There is a Thursday evening visitation from 6:00 pm to 8:00 pm. Major holidays are rotated between the parents, with one parent having Christmas and the other having Thanksgiving in even years, then vice versa in odd years. Spring break also rotates between the parents, unless the parents are more than 100 miles apart, when the "visiting" parent gets all spring breaks. In summer, the "visiting" parent gets either 30 or 42 continuous days of possession, depending upon whether the parents reside within or outside of 100 miles of each other. Check with your state's laws for specific laws regarding visitation.


Does he have them 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. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. It can be found at http://www.irs.gov/pub/irs-pdf/f8332.pdf The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent.



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