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Yes, unless the parent who has the child also holds sole physical and legal custody.

2009-07-10 00:23:57
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Q: If a parent takes their child out of state to stay for a month do they have to return the child to the primary custodial parent?
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Related Questions

Does a non custodial parent have to pay child support to primary custodial parent if the custodial parent is uneployed?

Yes, you do have to pay child support.


What does primary custodial parent mean?

A primary custodial parent is someone who is given physical and/or legal custody of a child by a court order.


If one parent has primary custody and the other parent has visitation which one is the custodial parent?

The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.


Can the noncustodial parent keap the child not return to custodial parent?

No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.


Can a primary custodial parent get a restraining order for her minor child against non custodial parent?

If the court find him harmful to the child, yes.


What happens to child support payments if the custodial parent moves out of state with the child and doesn't notify the non-custodial parent?

They continue, but non-custodial parent should file injunction for the return of the child.


Is it custody kidnapping if parent refuses to return child or let other parent come for child?

If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.


What are the advantages to having been granted primary residence in a child custody case?

The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.


Who is accountable for a child who threatens with a knife a custodial or noncustodial parent?

Custodial, as he/she has primary control and influence.


Can the custodial parent denied visitation because unknown address of non-custodial parent?

For safety reasons the custodial parent should know where the child will be in case something happens to the non-custodial parent or if the child is not returned. If the non-custodial parent won't cooperate the custodial parent should return to court and request a court order.


If a non custodial parent takes the child by getting the trust of the custodial parent but refuses to return the child and threaten to take the child out of the country can this warrant an arrest?

There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?


What does primary parent mean?

In California, the court uses the term primary custodial parent to designate the parent that the child lives with most of the time


If your child lives with you but you share legal custody with the other parent are you the custodial parent?

Primary residential


Does a parent who has primary physical custody have to pay child support if the child moves in with the non-custodial parent?

yes..


How do you go about taking tax right from non custodial parent?

You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.


Is the primary custodial parent responsible for child attending school daily?

Yes.


Do you still pay child support if the custodial parent left the state with out permission of the non custodial parent?

Yes, however, you possibly have recourse if soon after the custodial parent leaves, you file a modification with the court. If the parent left with the child without the court's permission, some courts will require that they return with the child.


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 non-custodial parent enroll the child in a school near them without the other parent's consent?

No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.


What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.


If a non-custodial parent refuses to pay child support can the custodial parent stop visitation?

custodial parent should take it to court. if the custodial parent keeps the child away from the non custodial parent then the custodial parent could do jail time


What is the definition of custodial parent?

in cases where the parents are divorced, a custodial parent is the one who the child generally lives with most of the time, and the custodial parent is also the one who makes most of the day to day decisions on how to raise the child. the custodial parent is the child's primary guardian and is the one who makes decisions during emergencies, etc.


Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.


Can the father keep the child away from the mother if she has full custody?

No, of course not. If the non-custodial parent is keeping the custodial parent from the child then the custodial parent needs to get moving and take the matter to court immediately. The custodial parent also needs to get some counseling so that she can assert her rights more effectively and be a better parent for her child.


When the custodial parent passes away and the non custodial parent becomes the custodial parent does the minor child have a say where he wants to live?

No, the minor child must live with the custodial parent who decides where they will live.