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Provided this order is applied to both parents equally, file a motion to show cause.

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Q: In a sole custody case the non custodial parent is disobeying the no sleepover clause while children are present what can be done?
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If a mother has custody of the children but does not live with them what can a non custodial parent who wants the children do?

The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.


Can you move your children out of state if you have residential custody?

There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.


Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?

If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.


How does a 16 year old petition the court to live with other parent?

Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.


Can custody be changed if the custodial parent removes minor children from the country in violation of a court order?

Yes


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.


Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.


Can you get custody of your children if they now live with you?

If there was a previous court order giving the other parent custody, but the children are now living with the non-custodial parent, then yes. You should petition the court to change the custody order to reflect the new living arrangements.


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

Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.


Can the non-custodial parent take the children out of state on vacation without the custodial parent?

You can take the child out of state based on your custody order. If you don't have a custody order and paternity has never been established then the mother has sole custody and you only get what rights she grants you voluntarily (including how far away you can take them).


Who is the custodial parent when custody is fifty percent for each parent?

If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.


If you have full custody and move from Ontario Canada to The United Arab Emirates with your children does the father still continue to have to pay support?

yes, and file for custody based on custodial interference.