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Probably not, I tried. For more information see CA Family Law Code 7822 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7820-7829

If you want the Case Law - send me an email - www.steveshorr.com

7822. (a) A proceeding under this part may be brought where the child has been left without provision for the child's identification by the child's parent or parents or by others or has been left by both parents or the sole parent in the care and custody of another for a period of six months or by one parent in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child. (b) The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents. (c) If the child has been left without provision for the child's identification and the whereabouts of the parents are unknown, a petition may be filed after the 120th day following the discovery of the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child. (d) If the parent has placed the child for adoption and has not refused to give the required consent to adoption, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption and has refused to give the required consent to adoption but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child.

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โˆ™ 2015-07-15 19:35:36
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Q: If you have joint custody on paper and one parent hardly sees the kids can you file for child support custody?
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Related Questions

Should a father ask for child support first?

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.


How does joint custody affect child support in Nebraska?

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.


What if child custody changes does the parent still get child support?

No, the parent that originally had custody of the child no longer recieves child support after the custody arrangements change. However, the court must be notified of the change so the child support order can be modified. The parent with custody receives the child support.


Who pays child support if parents share custody of children?

Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect.Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect.Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect.Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect.


What is reasonable child support and allimony payments?

That depends on the income of the parties, age of the child, state child support guidelines, which parent has physical custody, etc.That depends on the income of the parties, age of the child, state child support guidelines, which parent has physical custody, etc.That depends on the income of the parties, age of the child, state child support guidelines, which parent has physical custody, etc.That depends on the income of the parties, age of the child, state child support guidelines, which parent has physical custody, etc.


Who pays child support if you have joint custody?

The parent with physical custody receives child support from the other parent. If the parties have shared custody the court will use state guidelines to determine if someone pays child support and how much.


Do child support papers have anything to do with custody?

Generally no, though there is a presumption of primary residential custody for the obligee parent. In states like California, the amount of time the obligor parent has the child affects the amount of child support ordered.ClarificationChild support orders and custody orders are separate. Generally, the parent who pays child support pays it to the custodial parent.


What constitutes custodial parent in reference to child support?

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


Can a father of a child sue for child support if he does not have custody of that child?

Of course not. Child support payments are paid over to the parent with legal physical custody.


Do temporary child support and temporary custody mean the same thing?

No. Custody means the child lives with you. Support means you are paying the parent who has custody.


Can a relative file a child support for the absence of the mother?

The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.


Is a single parent with joint custody entitled to child support if the other parent is married and that income is much higher?

Generally, the parent with the greater amount of physical custody is entitled to child support.


Does a non custodial parent still have to pay child support when the custodial parent is in jail?

Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.


Will a judge take custody away from the custodial parent if they can not financially support their child?

No, that alone is not a reason to terminate custody. The non-custodial parent should be paying child support.


Sole custody and child support?

Sole custody is when only 1 parent has the right to choose where their child goes to school, which doctor they see, and what religion they partake in. Child support is the money that the non-custodial parent will pay to help support the child.


Do you have to pay child support if child is not with mother?

Depends on the state. Technically child support is paid to the custodial parent. This means the parent actually has custody, not a parent who allows their child to live elsewhere. Therefore, if the custodial parent does not have custody, check your state laws. Another adult can be allowed to collect child support for the benefit of the child, but a non-custodial biological father can also be given custody in this case.


Will you receive more child support with sole custody as opposed to joint custody?

You may since sole custody implies the child lives with that parent 100% of the time. With joint custody the child may dwell with the other parent for part of the time or with one parent all of the time with visitations for the other parent. It depends on the details and the state child support guidelines.


What can you do if you know a parent receiving child support but doesn't have custody of the children?

Encourage the person or persons with legal custody to file for child support modification or diversion of funds to them. If they do not have legal custody, that must be established or child support will continue to go to the person of record, the parent, in this case.


Do you have to pay child support if you don't have custody of your child?

Yes. That is the purpose of child support, to help the parent with physical custody defray the costs of raising the child. The child is entitled to financial support by both parents. You must obey the child support order.Yes. That is the purpose of child support, to help the parent with physical custody defray the costs of raising the child. The child is entitled to financial support by both parents. You must obey the child support order.Yes. That is the purpose of child support, to help the parent with physical custody defray the costs of raising the child. The child is entitled to financial support by both parents. You must obey the child support order.Yes. That is the purpose of child support, to help the parent with physical custody defray the costs of raising the child. The child is entitled to financial support by both parents. You must obey the child support order.


How does joint child custody affect child support in Alabama?

It depends on the type of joint custody. Custody is broken down into two subcategories- legal and physical. Legal custody is the ability to make decisions concerning the child and to act on the child's behalf. Physical custody is who the child lives with. Typically unless the child spends exactly 50 percent of the time with each parent, one parent is considered to have primary custody and the other parent to have secondary custody or visitation rights. Child support is based on who has primary physical custody, and that parent is typically awarded child support from the parent who has the child less since having the child more usually means that you provide for more of their needs as well.


Does a court order for child support give the parent receiving the support automatic full custody of that child?

No. Custody and child support are two different legal issues and they are addressed separately.


Can the noncustodial parent receive child support from the custodial parent if it is in court papers that there is joint custody of children?

It is assumed you mean the parents have joint legalcustody and one parent has physical custody.Generally, the parent with physical custody is awarded the child support since child support is intended to help pay for the child needs, living expenses and all the associated costs of raising the child. The custodial parent has much more in living expenses that are associated with raising the child.See related question link.


If I have custody of my child and don't receive child support and I allow my child to go live with his father is he entitled to child support?

He may be. It will be determined by a court if he decides to take it up with the state. If you have custody, was there a stipulation regarding child support? If there was a divorce agreement it may state the stipulations regarding support and custody. If the custodial parent is giving up physical custody of the child to the previously non-custodial parent then child support may be changed.


Why does a non custodial parent pay for child support to the custodial parent when they live together?

Because you are not married and filed for child support. You have to pay child support to one parent and that has to be to the one with custody. If you both had 50/50 custody it could look differently but you only have visitation.


How does joint custody affect child support?

Joint Custody and Child SupportJoint legal custody has no effect on child support. With joint physical custody there is still a payment of child support from the higher income parent to the lower income parent, usually determined by a sliding scale based on time with each parent (procedures vary among states). Because both parents provide for the child directly, the payment between parents may be less, but the financial support to the child is the same or higher than with sole custody.