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Here's some help..Custody for children is normally based on "what's best" for the child. Although money can often decide it, technically finances have nothing to do with it. If the child has roots in the state he is currently living in (with you the custodial parent), the best angle to approach his welfare in court is the fact that lifting him out of his current life and forcing him to leave his friends and social situations he's developed would be detrimental. If your child is under the age of 5, you do what a bit of a problem because the child isn't old enough to make any substantial roots in his/her society. If your both good parents, and both can provide a good living environment, you can only go off the faults of the non-custodial parent.
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โˆ™ 2011-09-13 22:02:22
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Q: What can a custodial parent do when the non-custodial parent moves out of state to prevent them from getting custody?
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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.


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.


If you have primary physical custody and joint legal custody can the noncustodial parent stop a child from moving overseas?

Yes, it IS possible they could prevent it. The court may agree that if the child were to be removed from the country (or even the state) that the non-custodial parent would be deprived of their parental rights, and the child would be prohibited from knowing the non-custodial parent.


Are there custody laws that would prevent a custodial parent from moving their child too far from the non custodial parent?

Custody laws often vary by state and by circumstance. To find out if you are allowed to move your child away from the non-custodial parent, you will have to ask your attorney first.


Can the non-custodial parent get custody even though they owe 5 years of back support?

Should that prevent him from getting custody if the child safety is in jeopardy? There are many causes for arrears unrelated to refusing to pay, so yes.


Can the custodial parent sign over guardianship to the grandparents with out the father's consent?

It would not prevent the father filing a custody challenge.


Can a non-custodial parent -this is sole legal and physical custody- sign school permission slips and authorization for medical treatment at a daycare and what are the avenues to prevent this?

no, non- custodial parent cannot, take the custody order to school, daycare, and hospital,


Can a custodial parent prevent the noncustodial parent from talking to their children on the phone?

Maybe, if the absent parent does not share custody in any manner and there is not a visitation order in place, a custodial parent can take whatever action he or she chooses in regards to a minor child. However, courts do not look favorably upon any parent who does not allow the other parent to have a relationship with his or her minor child/children unless there is substantiated reasons (child abuse, endangerment, etc.) for the action. A parent who is being denied access to his or her child/children can file suit for visitation and/or custodial rights if they so choose.


What can a custodial parent do when the non custodial parent moves out of state to prevent them from getting custody?

You have a choice. If the children are in their teens you might consider letting sleeping dogs lie--even as hard as it is. The kids will stay in relative contact with you. If you are seriously concerned about their safety, and you have a court order, you can press charges for their return and the parent will be incarcerated. Again if it was contentious and the kids are fine, let it go.AnswerA custodial parent already has legal custody. If the non-custodial parent has taken the child out of state the custodial parent should contact the authorities immediately and press criminal charges. A parent who would defy authority and violate the law is not a good guardian for the children and the child's safety should be a major concern. If there is an existing custody order the local authorities where the children have been taken can pick them up and return them to their mother. The mother should visit the court with jurisdiction over the case immediately and notify the authorities of the kidnapping. Non-custodial parents cannot be allowed to disrupt families this way.


What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?

Yes, you must pay your child support. Child support and visitation are two separate issues. The custodial parent has no right to prevent visitations. If the custodial parent is violating the visitation order you should visit the court as soon as possible and file a motion for contempt of a court order. If the custodial parent continues to violate court orders they can lose custody.


Can a custodial parent prevent non-custodial parent from traveling out of the country with a child?

Yes, by not signing the passport application.


Is there a law in Oregon that keeps the non-custodial parents from preventing the child to participate in activities?

There is no need for a law to prevent such behavior. The non-custodial parent has no right to prevent the child from participating in activities without the backing of a court order. the custodial parent should consult an advocate at the court or a private attorney to expand their knowledge of their rights.There is no need for a law to prevent such behavior. The non-custodial parent has no right to prevent the child from participating in activities without the backing of a court order. the custodial parent should consult an advocate at the court or a private attorney to expand their knowledge of their rights.There is no need for a law to prevent such behavior. The non-custodial parent has no right to prevent the child from participating in activities without the backing of a court order. the custodial parent should consult an advocate at the court or a private attorney to expand their knowledge of their rights.There is no need for a law to prevent such behavior. The non-custodial parent has no right to prevent the child from participating in activities without the backing of a court order. the custodial parent should consult an advocate at the court or a private attorney to expand their knowledge of their rights.


Can living with a custodial parent prevent the custodial parent from being awarded child support from the ex?

Not really the Judge will decide this matter for you.


Ways to prevent getting wet in the forest?

how to prevent getting wet in the forest how to prevent getting wet in the forest how to prevent getting wet in the forest


What happens to the custodial parent if the child refuses to visit the noncustodial parent in Ohio?

The child can't refuse, they are too young to decide for themselves. It's the parents job to make them go and the custodial parent have to follow the court order. If not he/she will get into legal trouble because they will be reported to the court for not following the courts orders. It's better to work together even if you don't get along as parents because getting picked up by the police and taken from the home to the other one is unnecessary and traumatic for the child. As responsible adults you can prevent this and follow the agreement.


Can you prevent the non custodial parent from spending the night with unmarried partner with child in the home?

no


Is there any way to prevent a non custodial parent from taking or picking up your child from school?

The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.


Can a parent prevent the other parent from moving out of state when they have joint custody?

If the parent who wants to move is the parent with physical custody the move will be easier with the consent of the non-custodial parent. The court will seek their consent. If they do not consent then there will be a hearing. There are circumstances when the court will allow the move, however, there must be a very good reason. If allowed, the court will modify the visitation schedule to make certain the non-custodial parent will continue to enjoy as much time with the child as possible. On the other hand the court may decide that a change in physical custody is appropriate if the parent who wants to move far away is doing it for a new job that is not exactly necessary or for a new marriage. You should consult with an attorney who specializes in custody issues.


Can a custodial parent prevent the non-custodial parent from having someone else pick the child up from school?

Yes they can. The person picking up the child have to be approved.


Can custodial parent move out of state when grandparent has visitation rights?

Yes. Grandparents don't have the right to block a custodial parent from moving out of town or state for a legitimate reason. This was tested in Arizona and the final decision was that the non-custodial parent's right to prevent the custodial parent from moving out of state does not extend to the grandparents.


Can bv prevent you from getting pregnant?

BV shouldn't prevent you from getting pregnant.


Can a non-custodial parent prevent a custodial parent from Homeschooling children in Washington state?

It's up to a judge, but most likely he would just order regular reviews.


What can a mother that has primary placement do if the father who has secondary placement will not give the child back?

Call the police. If his visitation period (as outlined by court order) has ended and the order says the child should be in the mother's custody, and he will not return the child, it is kidnapping or custodial interference. You should also call your lawyer. You might need to make a motion to modify the custody agreement to prevent this sort of thing from happening in the future.


Can a custodial parent prevent non custodial parent from traveling out of the country with a child?

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 outside of the U.S.


Custodial parent mom moving out of state and in with new boyfriend and has no intention on depriving non custodial dad of visitations modified of course can non custodial dad prevent it?

Yes and should as the mothers usually end up denying access. see links below