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No, the child goes into the care of custodial parents relatives. A motion for emergency change of custody is required. see my profile.

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โˆ™ 2010-01-13 15:12:19
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Q: If the custodial parent is convicted of a crime and becomes incarcerated does the noncustodial parent automatically becomes the custodial parent - correct?
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Related questions

If custodial parent moves out of state and leaves child with noncustodial parent does the noncustodial parent automatically gain custody?

No, but the non-custodial parent has a pretty good case for getting custody in court.


Is the noncustodial parent of a juvenile who has been incarcerated responsible to the custodial parent for child support during that period of time?

i am a custodial parent in Michigan. I've been to court to fight it, but unfortunately it is law that if the noncustodial parent is incarcerated they do not owe child support for the time that they are locked up. but if they owe back child support then you can seize anything they own.


If custodial parent dies does custody automatically revert to noncustodial parent?

possibly, unless the non custodial parent isn't responsible enough to take care of the kid


If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?

Yes, he would be the one standing in line for custody unless he is unfit.


Does the noncustodial parent have to pay child support if they marry the custodial parent?

what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport


Is it possible to get emancipated from the custodial parent and not the noncustodial parent?

No.


Is custodial parent liable for for child who won't listen to custodial parent and runs to noncustodial parent?

for what?


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.


Does the noncustodial parent automatically get to claim kids for tax credit if the custodial parent doesn't have a job?

Only one parent can claim the children. Custody has nothing to do with it.


When custodial parent dies does noncustodial parent get custody?

Yes, they do.


How much trouble would the noncustodial parent get in for keeping their child without consent of court or the custodial parent if said child wishes to stay with the noncustodial parent?

If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.


Can noncustodial parents prevent custodial parents from leaving the state with baby?

A noncustodial parent can prevent the custodial parent from leaving the state with a baby or child. The court will decide if the custodial parent has just cause to leave the state.


How many times does CPS have to get involved before they take the child away from a noncustodial parent and will it automatically grant the custodial parent with full custody?

when they draw pus on the wall


If custodial parent gets married does the noncustodial parent still have to pay child support Texas?

Yes. The marital status of the custodial parent change does not change the obligation of the noncustodial parent.


What right does a custodial parent have to enter the noncustodial parent house?

none


In Michigan can the noncustodial parent take the children out of state on vacation without the custodial parent's permission?

Yes, as is their custodial right.


Is a noncustodial parent liable for a minor child's accident if it is in the custodial parents car?

no


Can a child sue custodial parent if noncustodial parent does not pay child support?

no


How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?

By applying to a court.


Can a noncustodial parent stop the custodial parent from moving?

This is hard to answer because there can be many variables involved. The noncustodial parent may contest the move and take the custodial parent to court to show cause. But it may not be possible for the noncustodial parent to actually prevent the move unless the move is out of state.


Does the non custodial parent have the right to move within the state and not tell the custodial parent the address and phone number?

Generally the noncustodial parent may move anywhere - within or outside the state where the children live. The court grants the noncustodial parent the right to visit the children but does not force the noncustodial parent to take advantage of that right. However, a court may require the noncustodial parent to provide the custodial parent with contact information and, where issues develop about the care or safety of the children, the court may require supervised visitation or at least that the noncustodial parent advise the custodial parent where the children will be.


What right does a non custodial parent lose when they are incarcerated and pay no support?

Non custodial parents do not lose any rights when they are incarcerated and pay no support. Since they are incarcerated they usually cannot see their children because they are locked up but they did not lose the right to have visitation once they are released.


If a child is 18 and moves in with noncustodial parent does the custodial parent have to provide child support?

Generally, no.


If the child leaves the custodial parents home does the noncustodial parent still pay the custodial parent support?

Yes, until the court order is modified.


What if the custodial parent wont allow the noncustodial parent to visit the kids?

A custodial parent is obligated to let the non-custodial visit the child if there is visitation schedule in place. If there is none, it is not illegal for the custodial parent to refuse visitation.