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It depends on the state, but most states have a certain age set where the child can decide which parent they want to live with. Usually, it is around 13 or 14, but it can be different. If your child hasn't reached that set age, then they must continue to live with the custodial parent.

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โˆ™ 2006-03-08 22:37:51
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Q: What laws would force a 15-year-old to return to the custodial parent's home if they ran away to the non-custodial parent's home?
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If a 16 year old runs away from their custodial parent in NC to live with their noncustodial parent in WY can they be forced to return home?

Yes.


How does custodial parent make 17 yr old child return from noncustodial parent in Alabama?

File a runaway complaint. see links below


Can you get contempt of court when the noncustodial parent refuses to return the child when he is court order?

Yes, although the contempt citation is issued by the court after receiving documentation from the custodial parent of the failure of the noncustodial parent to obey the existing court order.


Can the noncustodial parent keap the child not return to custodial parent?

No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.


What should be decided when noncustodial parents visits interfere with child's ballgames cheer leading etc?

Maintaining consistency for the child's extracurricular activities should come first. The non-custodial parent should make an adjustment. The custodial parent has a legal obligation to obey the visitation order. If the parents cannot come to an agreement then they must return to court to request a modification of the visitation schedule.


If a noncustodial parent moves out of town in order to work and is not able to get the custodial parent to return phone calls to set up visitation what can be done?

Get a lawyer and have the matter taken before a judge. Even if the custodial parent refuses to respond to your attempts, she (or he) will have no choice in responding to a subpoena.


How long does a noncustodial parent have to notify the custodial parent of a release of claim to exemption that the custodial parent previously released to the noncustodial parent?

Revocation of release of claim to an exemption.The noncustodial parent is NOT the ONE that has to notify the custodial parent.The CUSTODIAL parent has to do this.For 2009, new rules allow the custodial parent to revoke a release of claim to exemption that the custodial parent previously released to the noncustodial parent on Form 8332 or a similar statement. If the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation in 2009, the revocation can be effective no earlier than 2010. The custodial parent can use Part III of Form 8332 for this purpose and must attach a copy of the revocation to his or her return for each tax year he or she claims the child as a dependent as a result of the revocation.Post-1984 decree or agreement. If the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can still attach certain pages from the decree or agreement instead of Form 8332 provided that these pages are substantially similar to Form 8332. For any decree or agreement executed after 2008, the noncustodial parent must attach Form 8332 or a similar statement signed by the custodial parent and whose only purpose is to release a claim to exemption.Go to the IRS gov web site and use the search box for Publication 504 Divorced or Separated Individuals go to chapter 2You can click on the below related link


Can a 12 year old decide not to stay over night with the noncustodial parent?

No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.


Can the non custodial parent claim a child on their tax return if he is in arrears on child support payments?

Yes, if he has the child 51% of the time. Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent.


Who claims my children on taxes when there was no custody agreement until this year?

It is not the custody agreement that determines who is qualified to claim the children as a qualified child dependents on a income tax return.Go to the IRS gov web site and use the search box for Publication 17 go to chapter 3Qualifying ChildResidency Test Rule 3Children of divorced or separated parents or parents who live apart. In most cases, because of the residency test, a child of divorced or separated parents is the qualifying child of the custodial parent. However, the child will be treated as the qualifying child of the noncustodial parent if all four of the following statements are true.Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater number of nights during the year. The other parent is the noncustodial parent.Equal number of nights. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income.You can click on the below related link for more information and examples.


Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?

Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.


What are the laws against custodial parents refusing to let the non custodial parent see their children?

That situation would place the custodial parent in contempt of a court order. The NC parent must return to court for help. A custodial parent who repeatedly refuses to obey a court ordered visitation schedule can lose custody.


Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.


Can it be part of the divorce decree who gets to claim the children for tax purposes?

Yes, but that is not the end of the story.The divorce decree can specify who gets to claim the dependent exemption for the child for income tax purposes. However, there is a specific attachment the noncustodial parent must file with his or her tax return each year to claim the exemption.In general, the IRS allows the custodial parent to claim the dependency exemption. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent. If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year.The rules as to when the noncustodial parent can claim the exemption changed effective for tax years beginning after July 2, 2008 (the 2009 calendar year for most taxpayers.)POST-2008 DECREE OR AGREEMENTFor divorce decrees that went into effect after 2008, the custodial parent must sign Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent(or a similar form,) and give the signed form to the noncustodial parent to release the exemption. The noncustodial parent must attach that form to his or her tax return to claim the exemption that year.The noncustodial parent can no longer attach certain pages from a divorce decree or separation agreement instead of Form 8332 if the decree or agreement was executed after 2008.The custodial parent can specify on Form 8332 the release applies to only the current tax year or all future tax years. To help ensure future support, you may not want to release your claim to the exemption for the child for future years.POST-1984 / PRE-2009 DECREE OR AGREEMENTIf the divorce decree or separation agreement went into effect after 1984 and before 2009, the noncustodial parent can still attach certain pages from the decree or agreement instead of Form 8332.However, the custodial parent who gave up the exemption via the divorce decree does not appear to be without recourse. See "To revoke a prior release of exemption" below.PRE-1985 DECREE OR AGREEMENTThe rules are again slightly different if the divorce decree or separation agreement went into effect before 1985. See the instructions for Form 8332 if that applies to your situation.TO REVOKE A PRIOR RELEASE OF EXEMPTIONForm 8332 can also be used to revoke a prior release of exemption. The revocation is effective no earlier than the tax year beginning in the calendar year following the calendar year in which the custodial parent provides, or makes reasonable efforts to provide, the noncustodial parent with written notice of the revocation.For example, if the custodial parent provides notice of revocation to the noncustodial parent in 2009, the earliest tax year the revocation can be effective is the tax year beginning in 2010. You can use Part III of Form 8332 for this purpose.You must attach a copy of the revocation to your return for each tax year you claim the child as a dependent as a result of the revocation. You must also keep for your records a copy of the revocation and evidence of delivery of the notice to the noncustodial parent, or of reasonable efforts to provide actual notice.


Can a non custodial parent claim a child if he is in arrears on child support payments?

There are tax forms which will allow you to claim the child on your taxes with the custodial parents permission. However, if you are in arrears the state will likely seize your tax return and give it to the custodial parent. It should be noted that the parent who can claim is not based on custody, but by time spent with the child.


Should a noncustodial parent keep their child the entire time of visit or can they drop them off early?

That is something the parents have to agree on. They can agree to change the visitations if they come to an understanding. The custodial parent has counted on the child being in the non-custodial parent's care and may have made plans. On the other hand, many non-custodial parents do not adhere to the visitation schedule. If that is the case and you are the custodial parent there is little you can do. You cannot make them pick the child up for a visit if the parent isn't interested nor do you have much control if they return the child early unless they drop the child off and you're not home or drop the child with someone else because you're not home. If they do that or fail to bring the child home at the appointed time repeatedly you can file a motion for contempt with the court but the issue needs to be serious to take that step.


Is it custody kidnapping if parent refuses to return child or let other parent come for child?

If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.


Can custodial parent change his mind about previous consent for child to live with with non custodial parent?

Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.Yes, if it was done by an informal agreement between the parties. If the custody order was modified in court then the custodial parent must return to court to request a return to the original custody arrangement.


Can custodial parent stop non custodial parent from getting children on court ordered weekend visits?

Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.


What you do when the non-custodial parent hasn't followed the custody order?

The custodial parent must return to court and file a motion for contempt of a court order against the non-custodial parent.


How do you go about taking tax right from non custodial parent?

You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.You should take the issue to court and request a court order stating that the custodial parent has the right to claim the child on their tax return.


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 the custodial parent denied visitation because unknown address of non-custodial parent?

For safety reasons the custodial parent should know where the child will be in case something happens to the non-custodial parent or if the child is not returned. If the non-custodial parent won't cooperate the custodial parent should return to court and request a court order.


What happens to child support payments if the custodial parent moves out of state with the child and doesn't notify the non-custodial parent?

They continue, but non-custodial parent should file injunction for the return of the child.


Does the noncustodial parent have to pay child support to custodial parent if child moves in with noncustodial parent?

No, but the new CP should immediately return to the venue that issued the order to get it terminated, or at least suspended until custody is worked out.Wrong. The newly-custodial parent will have to continue to pay child support until which time the "current" court order reflects that you no longer have to.Such things as a large pay differences could very-well continue having you pay child support but at a very small amount, in order to equalize the child's living conditions.(I thought it was BS too but I'm a single father who still pays child support)