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Who gets custody of the children in a divorce if one parent is US citizen and one is an alien and children were born in US?
Wiki User
∙ 14y ago
I'm assuming you mean illegal alien, so unless the illegal parent has gotten rich in America to pay for a WAAAAAAAAY better lawyer than the US citizen, most likely the citizen.
Wiki User
∙ 14y ago
Wiki User
∙ 12y agoChances are pretty good that the courts will not allow the child to leave the US.
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Does a residential parent need to be assigned in a divorce?
If the couple has minor children, legal custody must be an issue decided during the divorce proceeding. The court must issue an order regarding custody.
Can a US permanent resident remove a US citizen child from the US after a divorce?
If they are the parent and they jabe custody, yes, that is one of their rights. If they have shared custody, an agreement must be made with all persons that have custody as well. If they are not the parent, then they have no right to take the child anywhere, unless that permission is explicitly granted to them by the parent or guardian.
If a parent has sole custody can the other parent visit whenever they want?
Only if that arraignment was made in the custody part of the divorce settlement. If it wasn't so stipulated, then the non-custodial parent must patition the divorce court for a new custody hearing.
Does a divorced parent need a notarized statement from the other parent to fly out of state with children?
That would depend on whether the divorce decree stated Joint Custody or not, and probably what state you live in.
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 of joint physical custody is Bird Nest. see link below
What if a parent has a child tape record another parent during custody divorce issues?
Consult an attorney.
Can you move your children out of state if you have residential custody?
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
If a mother has custody of the children but does not live with them what can a non custodial parent who wants the children do?
The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.
Who claims the children at tax time if there is joint custody the one with physical custody or the other one?
Your divorce decree should outline who gets to claim the children on their taxes. If your decree does not outline it, you will just have to come up with an agreement on your own with the other parent.
Can an out of state parent gain custody of children?
Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.
Is there a difference in a parent who has custody of the children but not married vs the parent that does not have custody and is getting married and is fighting for custody of the children?
Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.
What is the easiest way to file for divorce in Oregon and how can we dispute custody?
The easiest way is an Agreed Divorce. Agreed Divorce , defined by Oregon divorce guidelines and Oregon divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Oregon property distribution, Oregon child support, or Oregon child custody. 75% of people who wants to divorce prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce. Determining child custody in Oregon divorce cases tends to be more simple than in cases where the parents were never married. The best case scenario, the one that we usually aim for, is the "joint legal custody" scenario. In this case, both parents retain equal decision-making rights over the children. A typical parenting plan has one parent with primary physical custody and the other parent with scheduled parenting time (visitation). An average schedule is one where the children live at one house during the week and then the parent's split the weekends evenly. Sometimes there are weekdays visits in
