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What happens if you have physical custody of your child and you move out of state?
Wiki User
∙ 11y ago
It would have to be honored up and until the time the order is modified to reflect the change in circumstances. If this is not done, the non-compliant parent could be found to be in contempt of court if such an action were filed.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoThat depends on state law where you live and the restrictions outlined in your original custody order. Some states require that a custodial parent file a notice of intent to relocate and have such an intent approved by the court. Other states may have no such provision, but retain the right of the non-custodial parent to file for custody modification based on the same. The courts are concerned with the best interests of the child and that always involves both parents being actively involved in their child's life. If your move would present a hardship to the non-custodial parent in terms of visitation, the move would not provide a marked improvement in the child's quality of life and an agreement between the parents cannot be worked out, things may not work out in your favor.
Consult an attorney in your area for an informed opinion regarding your rights and obligations.
Wiki User
∙ 11y agoCustody issues are decided in the state where the child resides. Therefore, if you file for custody, but the child lives in another state, your claim will have no grounds.
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Can a non-custodial parent claim a child if he has the child only two percent of the time?
Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.Generally, no. You need to check your custody agreement and state law. Many states allow the parent with physical custody to claim the child as a dependent.
Can you get custody of your child if the mother leaves state and never has him?
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
How does joint joint custody affect child support in Washington State?
Child support is determined according to state guidelines and physical custody is one of the factors used to determine the amount.
Does an aunt have the right to have physical custody of a 15 year old child in new york state?
Only with approval by the court of a Motion for Custody of a Child In Need Of Care.
How does joint custody affect child support in Georgia?
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.
How do we establish a legal custody agreement for an unborn child in the state of Michigan?
A custody agreement will need to be done through an attorney for an unborn child. This will be presented to the judge who will decide what happens.
If a grandmother has the child and the parent did not sign custody papers can the grand parent file for child support in the state of North Carolina?
Yes who ever has the child legally can file for child support. But you have to demonstrate to the court that the child has been residing with you and you have the physical custody and you want to keep the physical custody and give the other parent visitation and joint legal custody. This is the fastest way to get things done and a direct answer lol.
What is reasonable child support and allimony payments?
Half your income. The larger portion towards children. Keep in mind if you have massive deductions on your paycheck, they will reduce the amount YOU get as your CS/SS payments will be fixed. 401K will be split down the middle and all your accounts and property 50/50. But, if your wife/husband is a frivilous spender and has been bringing you to financial ruin for years, you will be better off financially AFTER he/she's out of your accounts.
What happens if the state takes back custody of a child and puts the child in foster care because the mother has no parental rights but pays child support?
Parents usually have to pay for their child even if it is the state that has custody. The child is taken away and parental rights terminated in order to protect the child. If you want your parental rights back and custody you will have to turn to the court.
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.
Can you remove a child from another state if you have joint custody?
No, you cannot move a child out of state if you have joint custody.
Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?
Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,
