This is definitely a matter that needs to be discussed with an attorney.
If there is already a child support and visitation order in place the custodial parent will need to file a motion to get the court's permission to move the child out of state. The court will make a determination that is in the best interest of the child. It will consider how visitations will be arranged and how they will be paid for so as not to cause financial hardship for the non-custodial parent.
If there is no prior court order and the non-custodial parent has not been paying child support nor spending time with the child the custodial parent can try relocating. However, there is always the chance the non-custodial parent will seek rights and it may be more expensive later on to address this issue.
You should seek the advice of an attorney who specializes in family law in your state who can review your situation and explain your options.
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.
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.
what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport
If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.
Yes. The marital status of the custodial parent change does not change the obligation of the noncustodial parent.
No, but the non-custodial parent has a pretty good case for getting custody in court.
Generally the noncustodial parent may move anywhere - within or outside the state where the children live. The court grants the noncustodial parent the right to visit the children but does not force the noncustodial parent to take advantage of that right. However, a court may require the noncustodial parent to provide the custodial parent with contact information and, where issues develop about the care or safety of the children, the court may require supervised visitation or at least that the noncustodial parent advise the custodial parent where the children will be.
Custodial, as he/she has primary control and influence.
A custodial parent is obligated to let the non-custodial visit the child if there is visitation schedule in place. If there is none, it is not illegal for the custodial parent to refuse visitation.
If there is no court mandated agreement that ensures the noncustodial parent visitation rights, then yes they can.
Only if the noncustodial parent becomes the custodial parent and gets a judgment to this effect.
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.
If the vehicle belongs to the non-custodial parent and it was the vehicle involved in the accident, then the non-custodial parent's insurance will have to cover the damages and is completely liable for anything that happens with his/her car.
Only the court has the power to deny 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.
possibly, unless the non custodial parent isn't responsible enough to take care of the kid
Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.
Yes, until the court order is modified.
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.
Legally, no. see link below
That depends on whether or not the non-custodial parent is a minor and prevailing law in the state where you live. Contact a family law attorney in your area for specific information.
The obligation should not end, but rather transferred to the now nun-custodial parent.
No the custodial parent has to have either the courts permission or the non-custodians permission.
Yes, as is their custodial right.
A noncustodial parent cannot sign his rights over to his parents or voluntarily terminate his parental rights. He needs the permission of the court and the custodial parent.