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Answered 2009-11-21 20:55:25
If the non-custodial parent is not barred from seeing the child, it would be VERY strange if the custody order(s) did not address visitation. If the custodial parent is denying the non-custodial parent court allowed access, then the custodial parent is in contempt of the court's order. My suggestion would be for the non-custodial parent to return to the court with this information - DO NOT attempt to 'force' the situation as it could wind up back-firing on you.
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If a non custodial parent takes the child by getting the trust of the custodial parent but refuses to return the child and threaten to take the child out of the country can this warrant an arrest?
There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?
Can a non-custodial parent prevent the custodial parent from moving?
Yes, in some cases depending on the distance of the move, whether it will affect visitation and the non-custodial parent's access to the child and the reason for the move. If the non-custodial parent objects the court will schedule a hearing so both parties can be heard. The judge will issue a ruling either approving or denying the request to move with the child.
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
Can a custodial parent in North Carolina deny visitation to the noncustodial parent because he failed to pay child support?
no, and of the two, denying access is by far more damaging to the child and society as a whole, see link below.
Is custodial parent required to help with transportation expenses if custodial parent has moved out of state?
Generally yes. If the custodial parent moves away from the non-custodial parent, the custodial parent is ordered to make up the extra travel costs the non-custodial parent must now pay. The principle gives freedom to move, but discourages long-distance moves. In particular it discourages moves that are designed to deny access to the non-custodial parent.
Does custodial parent have to inform non-custodial parent of extra-curricular activities?
yes, as the custodial usually schedules them to interfere with the other parents's access rights.
What if non custodial parent does not bring kids home when asked to by custodial parent?
This depends on whether this is during the normal scheduled access rights period, or after. The custodial parent has no right to interfere with the normal access period. Any period of time in excess of this becomes a matter for the courts.
Can the custodial parent send the child out of state without the consent of the non-custodial parent?
Yes, provided it's not to live, and does not interfere with the access rights schedule of the other parent.
Does the custodial parent have the right to move when the non-custodial parent lives out of state?
NO! They do not have that right, when non-custodial parent is in compliance with their obligations. The custodial parent MUST notify the non-custodial parent.
What is a non-custodial parent application for?
To establish rights of access to the child.
If a non-custodial parent refuses to pay child support can the custodial parent stop visitation?
custodial parent should take it to court. if the custodial parent keeps the child away from the non custodial parent then the custodial parent could do jail time
What if a parent refuses the other parent visition?
If there is a visitation order in affect then the custodial parent must adhere to the terms of the order or risk being cited for contempt of court. If there is no visitation order the custodial parent can set the terms of any visitation by the non custodial parent. However, he or she must allow the non custodial parent access to his or her children unless such access presents endangerment to the minor child/children.If the non custodial parent does not have a court order of visitation he or she should obtain one as soon as possible, either through private counsel or with the assistance of a child and parent advocate agency.see links below
Can a non-custodial parent enroll the child in a school near them without the other parent's consent?
No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.No. The school will only deal with the custodial parent. The non-custodial parent cannot enroll a child in school.
What should a non custodial parent do if the custodial parent plans on moving the child out of state?
Immediately file an injunction to stop the move of the child pending a full court custody and access hearing.
Can the father keep the child away from the mother if she has full custody?
No, of course not. If the non-custodial parent is keeping the custodial parent from the child then the custodial parent needs to get moving and take the matter to court immediately. The custodial parent also needs to get some counseling so that she can assert her rights more effectively and be a better parent for her child.
Who has the legal right to file a child the custodial parent or non custodial parent in Florida?
File what? If you are speaking of a court filing, either parent. If you are speaking of taxes the custodial parent has the right to file the child as a dependent. The custodial parent can allow the non-custodial parent the right if they want to.
Can the mother charge the father for kidnapping if hes not on birth certificate?
Yes, any non custodial parent may be legitimately charged with kidnapping for preventing access to minors of the custodial parent. In fact, more than half of kidnappings in the United States are committed by a non custodial parent.
Does a custodial parent have to remain in contact with non-custodial parent?
Yes, if the non-custodial parent has any visitation rights.
Does the amount of child support change if visitation is stop?
No - they are separate matters. If the custodial parent is denying court-ordered visitation, file a complaint with that court.
When the custodial parent passes away and the non custodial parent becomes the custodial parent does the minor child have a say where he wants to live?
No, the minor child must live with the custodial parent who decides where they will live.
Does non-custodial parent have to provide address to custodial parent?
Of course. The custodial parent should know where the child will be when she is with the non-custodial parent. If something should happen to the non-custodial parent the custodial parent should know where to get the child. Wanting to keep that type of information secret shows a problem of non-cooperation and a parent who is not thinking of the best interests of the child.
Can non-custody parent force counseling for child?
No. They would need to request a court order. A non-custodial parent has no right to force anything on the custodial parent.No. They would need to request a court order. A non-custodial parent has no right to force anything on the custodial parent.No. They would need to request a court order. A non-custodial parent has no right to force anything on the custodial parent.No. They would need to request a court order. A non-custodial parent has no right to force anything on the custodial parent.
Can a child stop past due child support?
No. That money is owed to the child's custodial parent.No. That money is owed to the child's custodial parent.No. That money is owed to the child's custodial parent.No. That money is owed to the child's custodial parent.
Does a non custodial parent have to pay child support to primary custodial parent if the custodial parent is uneployed?
Yes, you do have to pay child support.
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