In Arizona can a 17-year-old living in an emotionally abusive environment legally choose to live with the non custodial parent who pays child support or with a legal guardian?
Not legally. The parent who was awarded custody has legal rights over a minor child until the child reaches the age of majority as defined by state law (Arizona AOM is 18) or a court rules otherwise. However, when an older child is capable of understanding the consequences of leaving the custodial parent's home and moving in with a non custodial parent (not a friend or relative) authorities cannot force the minor to return to the custodial parent without a court order. The custodial parent would have to sue the non custodial parent in family court to have the custody order enforced and the minor returned to his or her custody or remanded to juvenile authorities. The necessity of a court order does not apply if the minor crosses state lines or moves in with an person other than the biological parent (grandparents, adult siblings, friends, significant other, etc.) A guardian can only be appointed if the parents have voluntarily relinquished their rights to the child or the court has permanently or temporarily terminated parental rights.
What can the non-custodial parent do if the parent goes to jail and guardian does not provide a safe environment for the child?
Do you still pay support to the custodial parent if your child has been taken away and placed in the care of a guardian?
Is it illegal for a non custodial parent to take a 15 year old for a tattoo without permission from custodial parent?
Yes, if the state require consent from the legal guardian since the non-custodial parent is not the legal guardian. And yes, because the non-custoduial parent does not have the legal right to make that kind of decision for the child. The non-custodial parent could face sanctions from the court. The custodial parent could sue to have the non-custodial parent pay to have the tattoo removed.
What can the police do to a 14year old teenager who refuses to go and be returned to a aunt of whom has had control and custody of that child for some time and feels that the aunt is emotionally andh?
If the child refuses to go to her custodial home, the police can charge her as a runaway and can put her in juvenile detention. The child would usually be returned to the custodial parent or guardian after a few days in custody or after a court appearance. If the child accused the guardian of physical abuse, there would be an investigation. Children are generally not removed from otherwise fit homes for "emotional abuse."
Can the non custodial parent continue visitation with a down syndrome child after child is an adult?
Can the parent with sole custody give guardianship to someone else and will the other parent have to pay child support?
No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent. No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the…
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.
Absolutely. A minor child cannot be taken legally from the U.S. without a valid passport. The custodial parent or guardian must, under oath, in person agree to allow the child to accompany the non custodial parent before a passport is issued. Likewise, depending upon the custodial order, the custodial parent may need the non custodial parent to present a sworn affidavit that he or she is allowing the minor to obtain a passport and travel…
Can a non custodial parent take a child to the hospital with out the hospital notifing legal guardian?
On a personal level the non-custodial parent should notify the other parent if there is an emergency. However, if the child is with the non-custodial parent and needs attention, then it is right to take them for treatment. The essential thing is to care for the child and not exert control over every situation. As a custodial parent/guardian, you could set up arrangements in advance and let the other parent know which hospital/Dr to use…
Your daughter and son have been left some money in a will by a family friend they are only 16 and 15 years of age who do they have to notify them or the parents and if parents are separated which one?
The custodial parent should be notified. If there has not been a custodial parent appointed then both parents should be notified. The court may place the inheritance in trust for the minors or it may appoint a guardian to protect their interests. You should speak with the attorney who is handling the estate. The custodial parent should be notified. If there has not been a custodial parent appointed then both parents should be notified. The…
The process of gaining guardianship of a child will vary depending on the state or province and country the child is located in. Common steps involved in all processes include: determining the custodial parent, demonstrating to a relevant court or authority why the custodial parent is a unfit or unwilling guardian, and demonstrating to the relevant authority why you are the best guardian for the child.
If representing oneself the custodial parent/legal guardian should file the lawsuit in the appropriate court in the state in which you reside. Include in the filing a request for a subpoena of discovery to be served on the non custodial parent. This will require he or she (or their legal representative) to appear before the court and present valid documents providing their source(s) of income and the total amounts. If the non custodial parent does…
What steps do you take to receive child support from a non custodial parent who lives in a different state?
The same process is used as when a non custodial parent resides in the same jurisdiction as the minor child/children. The custodial parent or legal guardian would file suit in the appropriate state court for an order of support. When the lawsuit is filed a summons will be served upon the non custodial parent (defendant) informing he or she of the suit.
If you have been taken somewhere against your will. With the obvious exception that you are a minor and the "abductor" is your parent or legal guardian. Another View: There are statutes which criminalize "parental abduction" as when a non-custodial, or estranged, parent removes their child from the custodial parents custody.
Do you still need to pay child support if the child does not live with the custodial parent and he lives with his girlfriend who is now pregnant?
You must continue to pay child support as long as there is a court order to do so. However, if the child isn't being physically supported by the custodial parent and lives with another guardian, the court may alter the child support order to have payments sent to the new guardian. Contact your local department of Human Services and let them know that the child isn't living with the custodial parent.