If a parent has joint legal custody is it legal for the other parent to take the child out of state without permission?
Generally joint custody means both parents have equal rights to decisions concerning the child. However, the actual terms would be in the custody agreement. Therefore, it may be allowable for a parent to take certain actions w/o the consent of the other parent. You might wish to read over the terms of the custody agreement or consult with the attorney who handled the case for more specific information.
A permanent move would likely require court approval unless the non-physical-custody parent consents to the move.
Can one parent take the child out of the state without the other parent's permission when there is no custody established?
Yes, whether the parents are married or not married.
Permission from the other parent. Yes if you are in leagule custody of the child at the time
Can a parent with joint custody take a child out of the state without the other parent's permission?
If a parent has full legal custody can the parent take the child out of the country for vacation without the father's permission?
no you need permission from the father also too
If you have joint custody can one parent get a travelling visa out of the county for the child without the other parent's permission?
no, even if you have sole custody
No, the non custodial parent cannot give permission to have a friend look after their child and non custodial means you have no custody rights so the permission should be granted by the parent that has custodial rights. Answer If you are the parent with legal custody you do not need the non-custodial parent's permission to allow your friend to watch your child. The parent who has legal custody has both the right and the… Read More
Only if the parent has sole custody or has an order from the court allowing the action.
Can a parent who has sole custody and father has legal custody take child out of country without consent of parent with legal custody?
You need a letter from the other parent giving permission. Otherwise you risk having difficulty either leaving or returning.
No, you can't, especially if you have joint custody, that will be considered parental kidnapping.
When a parent has full legal and physical custody of a monor child do they need permission from the court to move the child?
no,unless the custody agreement states you cant move without notifying the court
If you have joint custody can a parent send the child to away camp without permission from the other parent?
It is possible that a parent can solely take a decision for his or her child. However; It mainly depends on the agreement between parents.
Can a custody order of an 11 year old child be mandated for the grandparent without parents permission if the only parent is incarcerated?
I am pretty sure they can if they have the permission and have custody over some of the child that is shared with the other parent.
Can a parent be charged with kidnapping if they take the child out of state with no custody arrangements through court?
If an adult takes a child without LEGAL custody, it is kidnapping-- in the USA, for sure. Depends. if you are still married and none of you have gotten temporary custody yet until the divorce is finalized, both have equal rights to the child and it would not be kidnapping. If you have never been married and the father have never applied for custody or visitation the mother have custody. So she can leave the… Read More
Does an unwed parent need permission from the other parent to leave state the state of Florida with a child?
That is dependent of custody orders, but even without, the other parent could file an injunction.
Can a parent with joint custody of a minor child relinquish custody of that child to a third party without notifying the other parent?
I believe not.
Generally, no. The parent with legal custody has the right to make the day to day decisions. Of course, the non-custodial parent could take the child to get their license with the permission of the parent with legal custody but not without it.
Yes, however the other parent can still file an injunction for the child to be returned.
If you have joint custody can one parent take the child out of the country for a vacation without the other parent's permission in Indiana?
No, as both signatures are required on the passport.
Can a parent with joint custody over a child change the child's school without the other parents consent?
Even in joint custody, the order will name rights and responsibilities of each parent. Only one parent should have the right to chose the school. That parent may change the school without the other parent's permission.
Can a parent who has physical custody and joint legal custody put a child in a juvenile detention center without the other parents permission?
An intact family can't do that. A juvenile detention is related to the commission of a crime, so only the court does that. You can give up the child to family services, but the other parent can challenge for custody.
Can a police officer search a 14 year old child without permission or consent from a parent for trespassing?
Yes, it can be for their own safety as well as other reasons. A person in custody, minor or adult, must be searched before they are booked. Seeing an officer does not need permission from a parent to arrest their child, a search without the parent's permission would coincide.
It depends on the age of majority in your jurisdiction. You have legal custody of your child until they reach the age of majority. In most states, the 17 year old can not move out without your permission until she is 18 unless she petitioned and received a decree of emancipation by the court.
Not take but they can petition for custody in court. Unless the parent is unfit the most they will get is probably shared custody though.
That is dependent on your orders, but even if not addressed, the other parent could file an injunction for the child to be returned. It's best to get permission and to establish a visitation schedule. see link
Even without a specific law, or provision in a custody order, the parent should seek the permission of the other parent, and the court, to avoid the filing of an injunction ordering the child being returned to the state. See related link
Not unless you are a unfit parent.
If the non- custodial parent takes the child without permission it is considered kidnapping.
Can a parent that does not have physical custody enroll a child in school without the consent of the other parent?
Is it legal for a step parent to pick up a child from daycare on non custodial days of their spouse without permission from the other parent?
The answer can vary depending on the state. If it is a non custodial day, but the parent that had custody that asked them to, and they are on the daycare's pick up list, it should be fine. If the parent that had custody that day did not give prior permission, or make the request of the step parent, it could potentially be interfering with child custody. The rules of child custody can vary a… Read More
Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives. Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives. Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives. Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.
If parents have joint custody can one parent move out state with the child without permission of the other parent?
No. They need the consent of the other parent or the court if the other parent objects. The court will review the situation and issue a ruling in the best interest of the child. One parent cannot interfere with the rights of the other parent..
The parent with physical custody receives child support from the other parent. The parent with physical custody receives child support from the other parent. The parent with physical custody receives child support from the other parent. The parent with physical custody receives child support from the other parent.
The parent who will have physical custody is the parent who can request child support. The parent who will have physical custody is the parent who can request child support. The parent who will have physical custody is the parent who can request child support. The parent who will have physical custody is the parent who can request child support.
Is it legal for a mother to move her minor child across state lines even though they have joint custody?
Not without permission from the court with agreement from the joint custodial parent.
That non-custodial parent has no right to "keep" the child. A parent who refuses to bring the child back to the parent who has physical custody or joint custody is in contempt of court and risks losing custody. That non-custodial parent has no right to "keep" the child. A parent who refuses to bring the child back to the parent who has physical custody or joint custody is in contempt of court and risks losing… Read More
What law governs the custodial parent taking a child out of state without permission of the other parent?
That depends on the individual state. Even with a law, or it being addressed in the custody orders, the parent left behind has up to six months to file an injunction to have the child returned to the jurisdiction.
Then they would lose all legal custody rights to the child.
The term "primary joint custody" is contradictory. Primary (or sole) custody means one parent has full rights of decision as to the care of the child, including education, medical treatment, etc. Joint custody means parents share equal rights in major decisions such as moving the child to another state or country. One parent cannot legally take such action without the other's consent or without permission of the court.
yes if she has full custody
Can a parent who has custody and the father has visitation a few hours a week can the mother with custody move with the child for a better paying job?
She can move with his and the courts permission.
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without court approval. Although the practices may vary from state to state. Generally, if there is a divorce or custody order that court has jurisdiction over the child and the parent cannot remove the child from the state so as to affect the other parent's access. The non-custodial parent may consent if their visitation needs are taken into… Read More
Neither parent of a child have custody of the minor child. Does either parent have the right to take the child out of the county without permission of the other?
If the parents are married, than no, but if the are not married, the mother has sole and exclusive custody, than yes. In that case, the father will need to file for his rights, and an emergency injunction, if there's a concern the child is being relocated. see related link
If they are the parent and they jabe custody, yes, that is one of their rights. If they have shared custody, an agreement must be made with all persons that have custody as well. If they are not the parent, then they have no right to take the child anywhere, unless that permission is explicitly granted to them by the parent or guardian.
If there is not a court order for sole custody of a child and the mother is behind in child support can the father take the child out of the US without permission from the mother or the court?
Obtaining a passport for a minor in the US requires both parents. You'd would have to get a court order giving you custody. *Being granted sole legal custody does not necessarily mean the custodial parent can remove a minor child from the US. If the court grants sole custody to one parent and visitation rights to the non custodial parent permission to take the child out of US would need to be granted by the… Read More
Can a mother who is remarried move her child out of state when the father has joint custody without permission?
No she can not.
Generally, the parent without physical custody but the court will decide.