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With the court's permission, if the parents are not married. Single fathers have no assumed rights to a child. Married parents have equal rights to the child until otherwise ruled on.
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∙ 14y ago
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What rights does the non custodial parent with joint custody have if refusing to give child back?
Generally, only under circumstances in which there is clear evidence that the child is in an unsafe environment, and has been reported as such. And in that case the parent must file for an emergency order with the court of jurisdiction. It will be followed up by a full hearing within a couple of weeks.
If a grandmother has the child and the parent did not sign custody papers can the grand parent file for child support in the state of North Carolina?
Yes who ever has the child legally can file for child support. But you have to demonstrate to the court that the child has been residing with you and you have the physical custody and you want to keep the physical custody and give the other parent visitation and joint legal custody. This is the fastest way to get things done and a direct answer lol.
Can you keep your son if you live out of sate and have joint custody?
Not if you are suppose to give the child to the other parent.
Can a relative get custody of a child over a non-custodial parent if the child is removed from the custodial parent's home?
Yes, but keep in mind that the law is predisposed to award custody to one or both of the parents. If you have serious concerns about custody going to the NCP, I suggest you discuss this with a lawyer.
Two parents unwed have no child custody agreement can one parent take the child from another parents home legally?
Yes but they can't "legally"keep the parent from seeing the child.There is no custody arrangement so it wouldn't really matter!
Can a father keep a child from a mother if there is no court order?
Neither parent should keep a child away from the other parent if there is no good reason. A good reason would be abuse, neglect, drug abuse, etc... If there are problems with custody and there are not court custody papers, there needs to be. Go to the court house and have the process started. Without these papers, either parent could keep the child (as long as the father is proven to be the father or his name is on the birth certificate) and it is not kidnapping. There is not court order preventing it. Also remember that the mother does not always automatically get full physical custody. The court looks at what is best for the child, not the parents.
Is it legal to keep a child from a parent in custody battle?
It all depends on what the court has already established. If no custody is established and the parents are married, joint custody is assumed. If there is not a very good reason for keeping the child away from the other parent it could make you look very bad when it does come to court.
Can parents be granted on order through the courts to keep their child in their custody until the child turns 18?
No. As parents you already have custody but a judge can not give you a guarantee that no matter what will you keep that. The best of the child comes first and if you for some reason is found unfit down the road the child would need a new guardian. If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.
Can a custodial parent leave the child with another and work out of state and keep custody?
That's up to a judge and first right of refusal
If you try to return child to her mother but she is nowhere to be found can the non-custodial parent keep her?
No. Because it's not your child [It may be but you don't have custody]. You should call the police.
How does the IRS know who is the custodial parent?
Not applicable. It goes by the total amount of time the child spends with each parent. If the custodial parent does not have the child at least 51% of the time, they cannot claim the child. This is why the non-custodial parent needs to keep close track of the time in cases where the other parent has custody merely to get child support and the tax deduction, but has no real desire to care for the child. see link
How long can one parent keep a child away from another parent when still married?
1. person who has custody is responsible for the child's well being in every sense mentally, emotionally, physically, needs, wants and etc! Whether your the bio-parent or not! If these parents are a bad influence or dangerous then I would say YES! Keep them away! But if these parents are good and only want to know the child I would have supervised visits only! You as the primary caregiver (custody) must make the best decisions for your child in your care!
