0
What is the time line for child abandonment for a non custodial parent?
Wiki User
∙ 11y ago
That is something that varies from state to state. You should contact an attorney or the clerk of the family court in your county of residence for a definitive answer.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
What is the law on child abandonment in Florida?
What is the time line for child abandonment for a non custodial parent? My husband was given temporary full custody of a three year old and five year old in December 2008. The mother was only allowed to have supervised visitation. She maintained off and on contact until May 2009. She has not called or made any attempt to contact the girls since May. How long do we have to wait to file abandonment?
What is the summer visitation time line in Indiana for the non custodial parent?
One-half of the summer vacation. The time may be either consecutive or split into two (2) segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection. If a child attends year-round school, the periodic breaks should be divided equally between the parents. If a child attends summer school, the parent exercising parenting time shall be responsible for the child's transportation to and attendance at school. During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above, unless impracticable because of distance created by out of town vacations. Similarly, during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent's regular parenting time continues, unless impracticable because of distance created by out of town vacations. Notice of an employer's restrictions on the vacation time of either parent shall be delivered to the other parent as soon as that information is available. In scheduling parenting time the employer imposed restrictions on either parent's time shall be considered by the parents in arranging their time with their child.
What are the responsibilities of a noncustodial parent to the child. is there any set guide line for what they are obligated to do to assist in support of the child?
These are set out in the child support order. One thing to remember, the custodial parent is also obligated to spend the same percentage of income on the child, but are not required to prove it, so most often refuse to do so. Best option is using a trust fund. see link below.
Can a non-custodial parent leave the country while paying child support?
yes. my family is currently going through this problem. but if he or she has visitation rights neither parent cam move over the state line. im only 14 i know alot about this stuff.
Can a non custodial parent refuse visitation due to false allegations from children?
This is complicated, but the bottom line is that visitation is regarded legally as a privilege, not an obligation. If the non-custodial parent doesn't want to visit the child (for whatever reason), the courts are not likely to force them to do so.An analogy may help: I have a driver's license, but I don't have to drive on any particular day if I don't want to.
Getting Child Support from an Absent Parent?
It is not uncommon for an absent parent to stop paying the child support that he or she has been ordered by the courts to pay. The reasons for non-payment vary, but the bottom line is that the parent is bound by law to continue paying the required amount each month.Your Legal RightsAs the custodial parent, you have the right to seek any child support payments that have not been paid on time. The custody payments are intended to make sure that the non-custodial parent contributes his or her fair share toward the child's welfare. It does not matter what the non-custodial parent's employment situation is or how difficult the payment may be for that parent, the law requires that the payments be made each month. If a parent stops paying child support on time, the custodial parent has the right to contact the authorities to enforce the payments.How a Lawyer Can HelpIt is easy to recommend that a custodial parent contact the authorities to begin the process of tracking down child support payments. Unfortunately, once the parent notifies the police, the legal issues can become complicated. Hiring a lawyer who has experience in child support situations will help you fight for your child support in an efficient manner that will lead to a faster renewal of support. Unless you are a legal expert, attempting to track down and force an absent parent to pay child support will take longer and be more difficult if you try to do it on your own.Consequences for the Non-Paying ParentAn attorney can help you understand the different avenues that you can pursue in order to receive child support. The absent parent could face fines, jail time, or probation if he or she does not begin making payments on time. In some cases, the state will garnish a parent's wages so that the child support payments are taken out of that person's paycheck directly. The funds could also be taken out of the non-paying parent's taxes or bank account. A non-paying parent could have his or her driver's license suspended or experience seizure of vehicles or homes that are not fully paid for. If necessary, the case can go to court.
How do you report a parent who is opening their daughters mail?
child line.
Can a step mom get full custody of the kids?
You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.You haven't provided enough detail regarding the reason or the existence of living biological parents and other biological relatives. The following is general information regarding step-parents and legal guardianship.State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child. In most states they are under no legal obligation to make any custody arrangements or visitation arrangements with the step-parent. Step-parents are never automatically favored over biological parents. A step-parent is never the "default" parent when the custodial parent dies and there is a living biological parent. Step-parents have no legal claim to step-children. The only time the step-parent will be favored for legal custody is if the step-parent legally adopted the child and the biological parent thereby relinquished their parental rights.Biological parents with sole or joint custody have the legal right to make decisions for their child. Those rights do not extend to the step-parent except on a short term basis when the custodial parent is away or the child is in the sole company of the step-parent. A custodial parent cannot affect legal custody or state law by any provisions in their will.In many states the step-parent has the right to petition for custody but that doesn't mean it will be granted. Most states still follow the 'unfit parent' and 'best interest of the child' rules. The living parent must be deemed unfit or granting custody to the step-parent must be shown to be in the best interest of the child. In this the step-parent is on the same legal ground as a grandparent or any other relative. Best interest of the child (regarding a step-parent) requires some special circumstances such as not separating the child from their half-siblings, or a child who has developed a special bond with a step-parent in the long absence of the biological parent.One way to insure a step-parent will have continued involvement in the child's life after the death of the biological custodial parent is to create a trust with the step-parent as trustee. A parent can express their desires for guardianship or custody in their will, however, their will is not binding on the court as to where the minor child will live or with whom. The bottom line is that any person involved in this type of situation must consult with an attorney who specializes in family law in their particular jurisdiction. Advice from someone about a case in one state may not apply in another state. In fact, it usually doesn't.You can read about the status of a step-parent in every state at the link provided below. Many states give no consideration to step-parents. In contrast, Colorado, Hawaii, Kansas, Illinois and Louisiana give special consideration to a step-parent.
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.
If one parent has sole custody of a child and that parent dies will the living parent get the child?
I'm not a lawyer, but I would presume that providing the other parent is not of a position to take care of the child, or is banned by the court from having custodial care of the child then it would presume that the step parent would become primary caretaker, of course that is assuming no immediate family members who are still living may provide better care. Of course the law changes according to state/country.
What to do when the non custodial parent will not bring the child home after visitation is over?
It depends on how custody is established. If the mother has primary custody then she can contact the police who have jurisdiction in the area where the non compliant parent resides and have them accompany her to the residence to get the child. The mother will need to present the custodial order at the time of the requesting of assistance. If custody is joint, the mother will likely need a court order to have the child returned to her home, unless she has proof that the children are being held against their will or their safety is being jeopardized (often difficult to prove to the satisfaction of authorities).
What happens if you move across state lines with your childrenwhile the father has only visitation rights?
In the past, the custodial parent could move wherever they wanted and the non-custodial parent had no say in the matter. Today however, many states have begun to move away from that line of thinking, recognizing that the disruption in visitation with the non-custodial parent could be detrimental to thechild . Because of this change in perception, some courts now require that the custodial parent give adequate notice before any kind of drastic move and must gain the approval of the non-custodial parent and/or the court before the move can take place. The custodial parent must have a good reason for the move, such as a new spouse that lives in the proposed location or a verifiable offer of better employment. The court will then have to weigh the expected benefits to the family with the potential disruption to the child. If the child has a close and involved relationship with the non-custodial parent, the court is less likely to disrupt this relationship. Likewise, if the move would make it difficult or impossible to continue visitation, the court may deny the request. On the other hand, if the non-custodial parent has not taken advantage of scheduled visitation or if the relationship is a strained one, the court may decide to allow the move. The court will also consider the advantages to the child, such as better education or facilities that could better accommodate the child's special needs or medical condition. If the move is allowed, the court will restructure visitation to maintain the relationship between the child and the non-custodial parent and may reduce child supportor impose travel expenses on the custodial parent. Distance Specified by Court Order Many states have a set distance that one party is allowed to move away from the other. For instance, in Wisconsin, the distance limit is 150 miles. However, parents who live close to a state border may have it stipulated in the court order that neither parent can move out of state without parental permission. If your ex has simply moved across state lines, she may be within her rights as long as it is within the distance specified in your court order. However, if it does not specifically state this, you must file a motion with the court to remedy the situation. Notification Some parents may try to move out of state with the child before notifying the other parent of the move in hopes that the move will be ordered to stand since it is already done and to avoid confusion and emotional trauma to the child. However, there is a specific protocol that must be adhered to for a move to be granted by the courts. In many states, if the other parent wishes to move out of state, he must notify you at least 60 days before the move. You then have between 20 and 30 days to contest the move. If that notice was not given, the court must be notified. Length of Removal In some cases, a parent may take the child out of state for an extended vacation or a visit with family. If you are not sure what your ex intends by such a move, you should contact her to try to determine her motives. Advanced notification is not necessary to take the child out of state for vacation or a visit with family unless it is specifically stated in your court order or unless the vacation will last more than 14 days. However, if it is found that this move is only temporary, you do not have the right to contest the out-of-state trip.
