How to serve custody papers to noncustodial parent who is unreachable?
Your lawyer would be best able to answer that question. However, if you are unable to locate the person you may need to hire an investigator and if that does not work you need to search on numerous platforms like Arny records, Phonebook etc. Do a due diligent search.
If that fails to locate the person ask the judge to serve the papers by publication. This is the last resort the judge would want to try and after that, you can be granted full custody if the other person is unreachable or not locatable.
It would be wise to work with an attorney if you can't locate the person. If you can locate them and they refuse to be served you can have them served by different ways.
Some servers serve by nailing at the door of the address s/he resides in for sure or leaving it with a family member with close contact or leaving at his or her desk at work or with the manager. Your attorney would know what to do.
If custodial parent moves out of state and leaves child with noncustodial parent does the noncustodial parent automatically gain custody?
No, but the non-custodial parent has a pretty good case for getting custody in court.
Yes, they do.
What can be done if a child is left with the noncustodial parent and the mother will not give papers to be able to register the child in school?
File an emergency motion for change of custody see link
If you are a custodial parent who has no geographical restrictions are you responsible to get your child to the non custodial parent for visitation if you move out of state?
No you are not. It is the noncustodial parent's responsibility to make arrangements to visit the child. All this should be included in your custody papers.
In the state of Texas what things do judges consider if a 12 year old wants to live with noncustodial parent?
Well if the noncustodial parent wishes to take the kid the judge might give the parent custody if there is not a bad reason the parent did not get custody in the first place hope I helped you
To do anything possible to get joint physical custody.
Can the noncustodial parent receive child support from the custodial parent if it is in court papers that there is joint custody of children?
It is assumed you mean the parents have joint legal custody and one parent has physical custody. Generally, the parent with physical custody is awarded the child support since child support is intended to help pay for the child needs, living expenses and all the associated costs of raising the child. The custodial parent has much more in living expenses that are associated with raising the child. See related question link.
If your ex lives in Washington and your son and you reside in Pennsylvania how do get custody papers drawn up so you know he will be returned to you after visitations?
The rules of visitation rights are included in the original custody agreement. If the exact wording is not present, the law presumes the noncustodial parent will adhere to the wishes of the primary custodial parent in such matters, or be in violation of a court order. If there is a joint custody order in place it should stipulate which parent is the managing conservator.
It depends on why the living parent didn't have custody. If the custodial parent has passed away the noncustodial parent has to apply for custody in court.
If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?
Yes, he would be the one standing in line for custody unless he is unfit.
If you are the custodial parent are you required to give your child's social security number and other personal information to the non-custodial parent if you don't wish to collect child support?
If both of the parents have a joint legal custody arrangement, you have to give the noncustodial parent that information. If you have sole custody of the child, you do not have to share that information with the noncustodial parent.
Can a noncustodial parent be granted joint custody after 9 years of sporatic visitation with the custodial parent having sole legal custody?
Only after demonstrating a pattern of frequent contact
The custody order must be modified by the court. If the custodial parent will consent the change will be much easier.
Does the noncustodial parent automatically get to claim kids for tax credit if the custodial parent doesn't have a job?
Only one parent can claim the children. Custody has nothing to do with it.
From what I read both parents must sign temporary custody for it to be valid. If parent with custody signs over temporary custody to a non relative can noncustodial parent step in and take child?
Not without a a first right of refusal in the current custody orders, or custody modification
This is entirely under the control of your custody decree. There is no general answer.
Single father has none. Married father is equal to that of the mother, but in application, unenforceable. see links
If the noncustodial parent does not pay child support to the parent that has custody does the parent have to let them know when the travel outside the state in which they live in?
Not as long as it doesn't interfere with the access rights.
possibly, unless the non custodial parent isn't responsible enough to take care of the kid
If the grandparents have legal custody, it's possible but they should refer to their custody documentation to determine the rights of the non-custodial parent before they proceed.
Yes of course. Unless the custodial parent is unfit the judge would not just change it though but there is also shared custody. It's up to the court to decide.
Minor moves in with noncustodial parent who has joint custody the minor is 17 will she be allowed to stay?
no see links below
Should not affect it, and besides, it's for the kids benefit.
Can the custodial parent have the noncustodial parents disability check garnished for child support if they were never married?
Child support needs to be decided on by the court. In most cases, the noncustodial parent is responsible for something. If the custodial parent makes considerably more than the noncustodial parent, monies many not even be exchanged. To resolve this issue, it is best to file papers at your court house.
If you sue for full custody of a child does the noncustodial parent still pay child support in New York?
Yes, being granted full custody does not relieve the other parent of their financial obligations to the child(ren).
What if custody of a child changes and the former non custodial parent is in arrears on childsupport will the new noncustodial parent have to pay?
That is up to the interpretation of the courts and why the arrears exist.
Usually, yes; however, some parents with joint custody pay support.
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 non-custodial parent should return to the court that has jurisdiction over the case and request a hearing for temporary custody. The court can have the situation reviewed and then issue court orders to change permanent custody if necessary.
How many times does CPS have to get involved before they take the child away from a noncustodial parent and will it automatically grant the custodial parent with full custody?
when they draw pus on the wall
I live in PA and I am the noncustodial parent. My attorney told me that if my ex-husband dies, I would get immediate custody of my children.
what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport
How much trouble would the noncustodial parent get in for keeping their child without consent of court or the custodial parent if said child wishes to stay with the noncustodial parent?
If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.
Alimony to the non-custodial parent may still be ordered; depends on the circumstances. Child support payments are based on both the needs of the child and the ability of the parent to provide them.
In the state of Texas under what circumstances will they grant the termination of rights of the noncustodial parent when requested by the custodial parent?
Too complicated to answer simply. See an attorney that does child custody and family law.
Yes. Physical custody does not constitute sole legal custody, in which one parent has been given the legal authority to make all decisions concerning a minor child, including change of residency. In some states even a parent who has sole legal custody must inform the court and the noncustodial parent before making the move.
When a parent does not have court ordered custody papers..any parent can have thr chilld...EX if the father takes him and doesn't want to return them well there is nothing you can do...if you call the police..they want a copy of the court ordered custody papers to remove the child from the non custodial parent....protect yourself get court ordered papers....my children were take by their father...i had no choice but to wait it out till… Read More
Certainly, but I urge you to obtain legal custody as soon as possible, so that you can manage the child's education and health care, among other things.
this depends on how far the move is taking place, it is best to go through the family court to find out what rights you have regarding a move.
For his or her failure or the child's failure? If the child, it depends on whether or not you have joint legal custody even though you may not have physical custody, and whether the truancy is occurring on your watch.
Can the non custodial parent claim a child on their tax return if he is in arrears on child support payments?
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.
Can a noncustodial parent be granted joint custody if he is in the army and goes overseas once a year?
Joint legal, and limit joint physical. see link below
In American legalese, a noncustodial parent is the non-resident parent who has not been granted care of the child(ren).
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.
What do you about support when you are the non-custodial parent and the custodial parent sends them to live with you but won't sign papers giving you custody?
You must go to the family court to see about getting the custody changed.
As regards what? see links below
Can a noncustodial parent take a child for a visit and not return them if there is no visitation order and the parents have never been married?
This is called parental kidnapping; unfortunately without a custody order the parent who had custody has nothing to back this claim. First you need to get a custody order, then you need to have the custody order served. If the child is in eminent danger you can have an emergency hearing, otherwise it will take some time to have the situation rectified. Try your best to keep in contact with the child and parent.
18 or later if the court order is still in force. If the custody paperwork specifies visitation then disobeying is a crime.
the noncustodial parent, or sometimes if there are other issues involved, you may be able to assign temporary custody to another relative. In either case, you should consult a family law attorney to avoid the kids being placed in foster care.
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.
Can a noncustodial parent take a child out of the state of Ohio to the state of Michigan and be legally granted full custody of a child without the custodial parent being notified?
No, and you would be breaking a ton of laws as you have to get custody rights first, and have the other parent either stripped of their rights or they have denounced their rights. Otherwise, a judge is definitely going to send you to jail for kidnapping and will just as likely deny any appeal for custody.