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Answered 2009-01-12 20:24:39
hello I am going through the same thing, my son is 16 years old and doesnt want to visit his dad because of his inconsistency of being involved in his life his father has just filed for visitation rights and I dont know whats going to happen. I hope the court listens to my sons wishes, even if he decides to visit only sometimes
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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.
It is assumed you mean the parents have joint legalcustody 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.
Only if the noncustodial parent becomes the custodial parent and gets a judgment to this effect.
If the arrangement is with the consent of the custodial parent and will be permanent then the custody and child support orders must be modified to reflect the change in legal custody. The parent in Texas needs to have their custody formalized by a court order so they can enroll the child in school, consent to medical treatment, etc. If the child support order is not modified the non-custodial parent may be subject to the accumulation of child support arrears.
The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.
The biological parents have to pay child support to the one who have the child whether it's a grandparent, sister or the state. If the custodial parent do not actually have the child living with them the custody order has to be changed as well as the child support order.
A custody order can only be granted by one court usually in the state where the child presently resides. Judges are very reluctant to grant joint custody when the parents live in separate states. The usual procedure is for one parent to be granted primary physical custody and both parents sharing joint legal custody. The parent not having primary custody would be responsible for making his or her travel arrangements and living accomodations (or that of the child depending on the age) during visitation unless there is a different agreement made with the primary custodial parent.
The child is considered a runaway if refusing to live at home. The emancipation need not be approved by them. As for the child support, that is strictly interpreted by the court. see link
If there was a previous court order giving the other parent custody, but the children are now living with the non-custodial parent, then yes. You should petition the court to change the custody order to reflect the new living arrangements.
A minor can not choose where to live. That is up to the parents or the court depending on the details. If your non-custodial parent who lives out of state wants you to live with him/her, they have to petition for custody unless your custodial parent will consent to the change and join in a modification of the custody order.
Regardless of living arrangements, unwed mothers have sole custody and control in all states. The father has no assumed rights.
No. You need to contact the state that has custody to determine your rights. If you go and get the child you may be guilty of custodial interference.
No, there are no laws in Virginia that makes it illegal for a custodial parent to live with their boyfriend or girlfriend. If you feel you child is unsafe in this situation, you will have to pursue custody through the courts.
Yes, depending on state laws. But, a motion to modify can be presented to the court. see links
Regarding joint legal custody-a major concern is that although the parent with physical custody is living with the child and managing daily life they still need the consent of the other parent for decisions that affect the child. In some cases the non-custodial parent uses that power to maintain control.
In most cases custody agreements are never final, but can be modified as circumstances change. However, if a custody order stipulates that the parent with primary physical custody cannot move from the county, it is necessary to petition the court for permission to move before moving. To build a case for the move before going to court, the custodial parent would most likely need to show that there is a good reason for the move (e.g. a better job or better living situation). That the move will not interfere with the access of the non-custodial parent (e.g. moving from Los Angeles County to Ventura County might not be a problem for the non-custodial parent. If the non-custodial parent is supportive of the move, that should make getting court approval much easier. If the two parents have good communication, the parent with primary physical custody might benefit from laying the groundwork by talking to the non-custodial parent before petitioning the court. That way questions like what school the child or children will attend in the new location, when and how the non-custodial parent will visit or pick up the child, etc. can be worked out in advance. In all custody cases the judge's responsibility is to protect the best interests of the child. Parents wishing to convince a judge should remember to frame their case in terms the overall benefits for the child or children involved.
The court would be unlikely to reward the non-support of a child by taking custody from the custodial parent and granting custody to the delinquent parent. There must be a compelling reason for the court to make such a drastic change in the child's living arrangement. You should consult with an attorney who can review your situation and explain your options.
No, but the new CP should immediately return to the venue that issued the order to get it terminated, or at least suspended until custody is worked out.Wrong. The newly-custodial parent will have to continue to pay child support until which time the "current" court order reflects that you no longer have to.Such things as a large pay differences could very-well continue having you pay child support but at a very small amount, in order to equalize the child's living conditions.(I thought it was BS too but I'm a single father who still pays child support)
First, the custody order must be modified if the child is not living with the custodial parent. The non-custodial parent does not have the legal authority to make legal decisions for the child. He cannot consent to medical treatment, dental treatment, surgery, cannot enroll the child in school or represent the child in a lawsuit. If the school is doing its job of protecting children it should require proof of custody when the child is registered. That is one of the ways children who have been kidnapped by the non-custodial parent are found.First, the custody order must be modified if the child is not living with the custodial parent. The non-custodial parent does not have the legal authority to make legal decisions for the child. He cannot consent to medical treatment, dental treatment, surgery, cannot enroll the child in school or represent the child in a lawsuit. If the school is doing its job of protecting children it should require proof of custody when the child is registered. That is one of the ways children who have been kidnapped by the non-custodial parent are found.First, the custody order must be modified if the child is not living with the custodial parent. The non-custodial parent does not have the legal authority to make legal decisions for the child. He cannot consent to medical treatment, dental treatment, surgery, cannot enroll the child in school or represent the child in a lawsuit. If the school is doing its job of protecting children it should require proof of custody when the child is registered. That is one of the ways children who have been kidnapped by the non-custodial parent are found.First, the custody order must be modified if the child is not living with the custodial parent. The non-custodial parent does not have the legal authority to make legal decisions for the child. He cannot consent to medical treatment, dental treatment, surgery, cannot enroll the child in school or represent the child in a lawsuit. If the school is doing its job of protecting children it should require proof of custody when the child is registered. That is one of the ways children who have been kidnapped by the non-custodial parent are found.
It is a term that has the same meaning as primary physical custody meaning the person so awarded has the child or children living with them the greater percentage of time.
This would not be considered kidnapping if the parent has legal custody. However, to be safe that parent should return to court immediately and ask for assistance in picking up the child.
No, not if the juvenile's primary custody was awarded in an 'order of the court., The minor (or the parent) may submit a motion to the judge requesting a change of primary custody, but legally speaking the minor cannot wilfully change their living arrangement without the court's permission. The judge awarded primary custody based upon many factors and an un-emancipated minor cannot make this decision on their own. CAUTION: Doing so would place the non-custodial parent in "contempt of court" and may affect the apportionment, allocation and payment of child support and other issues.
Perhaps, and probably. As with all such matters, the father or noncustodial parent must petition the courts with regard to changes to the existing order.
I'm not sure. I'm 17 myself, and I've wanted to live with my uncle for about 2 years now. If both your parents, if you know your father or mother, have joint custody then the non-custodial parent should be able to fight for you, no problem. Or if you have a job with steady income, you can just get emancipated which would probably be easier in the long run considering your almost 18 and will be moving out soon.
With the court's permission.
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