Who do you call when custody of minor children are joint and the other party does not follow the rules set by court?
If there is divorce with two children and joint physical custody is ordered by the court who claims the children as dependents?
If there is a divorce with two children and joint physical custody has been ordered by the court, does each parent have a right to claim one child per year? This generally has to be addressed by the court, but joint physical custody does not necessarily mean equal physical access. He parent with the children 51% of the time can take the deduction, minus any time spent in day care and/or school. A true form… Read More
when joint custody is in place both parents have the same rights. unless stipulated in court records. Joint means both so when ever the other parent is suppose to have visitation with the child the child / children must go. review documents that grant Joint custody. Read More
By filing for custody modification in the court with jurisdiction, then prove to the court why it would be in the best interests of your child to award joint custody. Read More
How would a stepmother get custody of husbands child if he was incarcerated but has joint custody of him?
She would have to petition the court to be appointed the temporary guardian. If the biological mother has joint custody or is available to take the children the custody will automatically go to her unless she has already been deemed unfit or consents to the guardianship. Read More
If you have joint custody in Rhode Island and the parent with visitation will not return kids what do you do?
Get a current copy of the custody order from the Clerk of the Court and take police with you to pick up the children. Read More
Can your spouse soon to be divorced tell you what you can and cant do with your children if you are the primary care giver but have joint custody and live in different states?
No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you cannot agree then a court will need to break the impasse. No. Married parents have equal rights where their children are concerned. Legal joint custody means you have an equal right to make decisions that affect the children. If the two of you… Read More
Is it a violation of court order when the mother does not share medical and school information when you have joint custody?
Yes, if you have joint legal custody. Yes, if you have joint legal custody. Yes, if you have joint legal custody. Yes, if you have joint legal custody. Read More
You can for short vacations but you cannot remove the children permanently without the consent of the other parent and a modification of court orders. Read More
If parents have joint custody can one parent move out of state without permission from the other parent with the children?
No, it can be considered contempt of court. Read More
By petitioning the court to give joint custody to the parents. In most state, Joint Legal Custody is the standard. If you mean Joint Physical Custody, with 50/50 Custody, this is more complicated, requiring preparation similar to petitioning for full custody. Read More
Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision. Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and… Read More
Any legally married couple has the same rights if they obtain a divorce. The issue of joint custody of the children would be decided by the court depending on certain factors that include the laws in the particular jurisdictions. Some favor automatic joint custody, others evaluate the relationship between the parties to try to determine if they can get along well enough to make joint custody work to the benefit of the children. You should… Read More
Yes, if the court feels it would be in the best interests of the child to award joint custody. Read More
Yes, it can be changed in the court where the custody order was issued. Read More
He has every right to go back to court to petition for joint custody, yes. Read More
Unless you have the courts and the other parent's consent you will charged with kidnapping and the children will be brought back and you will lose custody and possibly your parental rights. Read More
Can you go pick up your children from a parent of joint custody if you feel there in an unsafe environment?
Not without sufficient evidence of this danger and you would need to get a court order to overrule the joint custody. If you have this problem, do pursue it for the sake of the child by fileing a police report if you have the evidence. Read More
There are three types of joint custody. Joint Legal Custody Similar to sole custody, whereby one parent still retains primary residential custody and control of the children. Joint Physical Custody Otherwise referred to as Split Custody, each parent has residential custody and control of the children 50% of the time. Bird Nest Custody The children remain in the family home and each parent resides there for a designated period of time, then switch. Read More
No, you can not, unless the custody order is modified by the court. Read More
Not without written permission of the other custodial parent or by Order of the Court. Read More
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Minnesota?
An unmarried mother has custody of her child until the father has established his paternity in court and requested joint custody. Read More
That non-custodial parent has no right to "keep" the child. A parent who refuses to bring the child back to the parent who has physical custody or joint custody is in contempt of court and risks losing custody. That non-custodial parent has no right to "keep" the child. A parent who refuses to bring the child back to the parent who has physical custody or joint custody is in contempt of court and risks losing… Read More
Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released. Read More
Depends on the court order, but not a good idea as it's a poor example to the children. see link Read More
If divorced parents have joint custody and one of them dies can custody of a minor child be willed to someone else?
No, there is still a parent left with custody. And custody can never be willed. That is for the court to decide. The ones in the will can ask for custody but it is up to the court. Read More
You need to return to the court and file a petition for modification of the custody order. The court will schedule a hearing and render a decision. Read More
Since you have joint custody you would have to go to court if she chose to even move to another town several hundred miles away and if she decided to move to another State or country, she would need your permission. Going to court provides equal opportunity for you and your ex to share the children and to come to a decent compromise. Marcy Read More
The parents or the court decides until the minor is 18. Read More
joint custody means both parents have custody of the children and all decisions concerning the children have to be a joint decision... including trips out of the state. I have not heard of access... I am thinkgin access is giving the non custodail parent visitation rights. Research the Laws for your state. Read More
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Read More
The issue of whether the custodial parent can move the children is very tricky. If you are lucky, it was covered in the custody settlement papers. You need to read the agreement to see if it is there. If not, you need to contact your custody lawyer or family court advisor, and see how you can get an amendment to the agreement papers. Read More
As the father has joint legal custody of the child he can not say he does not want the child at the paramour. Read More
Can a father just take a baby from the mother if they were never married without establishing custody first in Missouri?
No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations. No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations. No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint… Read More
well to u and the person that askd how can u get sole custody if you have joint custody is to fight it in court show ur good points and views and explaine y ud b a better guardian if u had sole custody Read More
What can the parent do if the one who has custody of the children leaves the state to live in another one with out a court order or permission of the other parent they have joint custody?
File an injunction ordering the child be returned. But, be prepared for a false allegation, which is common in these cases. Read More
Can a non-custodial parent who has not paid child support and does not work or have a stable residence be awarded joint custody?
Anything can happen when it pertains to custody disputes. In general a parent who has not exhibited acceptable financial and societal behavior concerning their children will not be looked upon favorably by the court. Given the noted circumstances it is highly unlikely the court would award joint custody until the parent establishes a history of responsible behavior. Read More
Joint custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are "custodial parents" and neither parent is a non-custodial parents, or in other words the child has two custodial parents. Read More
Only with permission from the other parent and the court. Read More
You need to get a lawyer and go to court. Read More
Yes, if so ordered by the court with jurisdiction. Read More
more time for the children Read More
That depends entirely on where you live. Here in Florida,the mother is assumed to have full natural parental rights and can move her children as she pleases, with or without the father's consent unless there is a contradictory court order. Check your state child custody laws. If you live in a joint custody state, you'd have to gain his permission or fight for a court order that gives you full custody. Read More
No. You cannot do anything to interfere with the other parent's access to your children. You need to petition the court for permission to relocate. Read More
Report her back to court. It's not legal to break the court order. Read More
What rights does a mother have who pays child support and has joint custody of the kids but doesn't get to see them have?
If the joint custody order is broken that is breaking the law. Go back to court and let them know. Read More
If the parents live in two different cities do they still have the right to joint custody or will the judge order one of them sole custody?
Best Interests of the children. Are you talking about physical custody or legal custody? Visitation schedule? Hopefully the parents can work it out in concilation court. for more details see steveshorr.com ANSWER:: my parents are divorced and live three hours away from each other and have joint custody so it is possible. Read More
Review your documents that grant sole custody. if you don't have court documents stating sole custody. than more than likely yeah... likely you have joint custody. both parents have joint custody until the court grants sole custody. some people assume because the child lives in there house 95% of the time they have sole custody... un true sole custody is appointed by court. Now assumeing you have sole custody granted by court you may beable… Read More
Your husband cannot get joint custody of your children from a prior marriage. Custody arrangements are made between parents of children. Your present husband can legally adopt your children with their father's consent. He would then have all the legal rights and obligations of a biological father. The children would become his legal heirs-at-law. Read More
Take her to court. File for custody or joint custody or visitation rights. Read More