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If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?
Wiki User
∙ 11y ago
Yes, he would be the one standing in line for custody unless he is unfit.
Wiki User
∙ 11y ago
Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.
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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.
When custodial parent dies does noncustodial parent get custody?
Yes, they do.
Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?
If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.
How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?
By applying to a court.
How can you get custody from an incarcerated custodial parent in TN?
file a child in need of care motion.
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 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 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
If the noncustodial parent doesn't feed kids or have electricity do yo have to send the children over to their house?
Report that person to Children and Family services and look for legal help to modify your custody agreement and get the non-custodial parent help or in parentingclasses.
Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?
No
Can a noncustodial father get custodial rights to a child in Montana?
Custody of the child, or custodial rights to see the child? Either is possible, it just depends on whether you are willing to do the work. see links below
If a mother has custody of the children but does not live with them what can a non custodial parent who wants the children do?
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.
