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What rights does a non-custodial parent have to prevent the custodial parent from moving?
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Answered 2010-07-24 13:57:27
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.
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Related Questions
Can a noncustodial parent stop the custodial parent from moving?
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.
Can noncustodial parents prevent custodial parents from leaving the state with baby?
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.
Does the noncustodial parent have to pay child support if they marry the custodial parent?
what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport
How much trouble would the noncustodial parent get in for keeping their child without consent of court or the custodial parent if said child wishes to stay with the noncustodial parent?
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.
If custodial parent gets married does the noncustodial parent still have to pay child support Texas?
Yes. The marital status of the custodial parent change does not change the obligation of the noncustodial parent.
If custodial parent moves out of state and leaves child with noncustodial parent does the noncustodial parent automatically gain custody?
No, but the non-custodial parent has a pretty good case for getting custody in court.
Does the non custodial parent have the right to move within the state and not tell the custodial parent the address and phone number?
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.
Who is accountable for a child who threatens with a knife a custodial or noncustodial parent?
Custodial, as he/she has primary control and influence.
What if the custodial parent wont allow the noncustodial parent to visit the kids?
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.
Can a custodial parent deny transporting the child if the noncustodial parent relocates outside the jurisdiction?
If there is no court mandated agreement that ensures the noncustodial parent visitation rights, then yes they can.
Can a non-custodial parent seek payment from the custodial parent during the time when the child is living with the non-cusodial parent?
Only if the noncustodial parent becomes the custodial parent and gets a judgment to this effect.
If you have primary physical custody and joint legal custody can the noncustodial parent stop a child from moving overseas?
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 custodial parent cancelled a minor from his insurance policy can the noncustodial parent be liable if the child gets into a wreck in a vehicle licensed to the noncustodial 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.
Can a custodial parent in North Carolina deny visitation with the noncustodial parent because the noncustodial parent moved out of state for work?
Only the court has the power to deny visitation rights.
Can custodial parent move out of state when grandparent has 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.
If custodial parent dies does custody automatically revert to noncustodial parent?
possibly, unless the non custodial parent isn't responsible enough to take care of the kid
Custodial parent denies Noncustodial parent visitation rights in Mississippi?
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.
If the child leaves the custodial parents home does the noncustodial parent still pay the custodial parent support?
Yes, until the court order is modified.
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.
Does a noncustodial parent need to notify a custodial parent of genetic testing?
Legally, no. see link below
Can the noncustodial parent stop a custodial parent from moving out of state when the child is 14 years old and wants to go?
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.
How do you end child support in North Carolina if the custodial parent becomes the noncustodial?
The obligation should not end, but rather transferred to the now nun-custodial parent.
Can a custodial parent leave the state of North Dakota without the noncustodial parents permission?
No the custodial parent has to have either the courts permission or the non-custodians permission.
In Michigan can the noncustodial parent take the children out of state on vacation without the custodial parent's permission?
Yes, as is their custodial right.
Can a noncustodial parent sign his rights over to his parents?
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.
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