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Who has to take the child home if the non custodial parent lives more then 100 miles away?
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∙ 11y ago
Work with each other on this! Perhaps meet at the midway point.
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∙ 11y ago
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When the non custodial parent moves x miles away from the child do they lose parental rights?
Not at all! The custody agreement should stipulate how far away each parent can move from the other. Even if the non-custodial parent moved far away, they may still get time with the child. The worst that would happen is the custodial parent would be awarded full custody and the non-custodial parent would get visits.
Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?
In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.
Did California recently pass a law that will only allow a custodial parent to move a certain amount of miles away from the non-custodial parent?
A custodial parent who is contemplating any move that would interfere with the non-custodial parent's custodial and visitation rights must return to court to seek a new custodial and/or visitation agreement. Courts view this issue with the focus being on the child's best interests and that includes the importance of having access and time with both parents. This issue is viewed not as permission for the parent to move but for permission to move the child. See links for more information.http://www.writerlaw.com/every-custodial-parent-needs-know-california-move-away-law/https://www.divorcenet.com/resources/child-custody-and-relocation-laws-california.html
Is the custodial parent responsible for paying for visitation travel expenses when non custodial parent moves out of state?
Generally, no. If the non-custodial parent chooses to move out of state their decision to move cannot result in expense for the custodial parent unless an agreement to that effect is made between the parties.If the custodial parent moves out of state resulting in expense for the non-custodial parent the court will often order some sort of reimbursement as part of the modification of the visitation order when the NC parent consents and the court approves the move.
If you have primary custody in KY can you move your child out of state?
Not without the permission of the court, and/or the other parent. Even if the other parent gives permission, you need to go to court to modify the visitation. ---- Except as otherwise explicitly provided, if the non-custodial parent resides more than 100 miles from the residence of the child, the non-custodial parent shall have the right to possession of the child as follows: (1) every Spring school vacation from 6 p.m. on the day school recesses until 6 p.m. on the day before school resumes after that vacation; (2) if the non-custodial parent: (A) gives the Custodial parent written notice by May 1, of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 42 days between June 1 and August 31, to be extended in no more than two separate periods of at least seven consecutive days each; or (B) does not give the custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (5) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days notice on or after May 16 of each year, the custodial parent shall have possession of the child on any one weekend from Friday at 6 p.m. to 6 p.m. on the following Sunday during any one period of possession by the non-custodial parent under subdivision (4) of this subsection, provided that if a period of possession by the non-custodial parent exceeds 30 days, the custodial parent may have possession of the child under the terms of this subdivision on any two nonconsecutive weekends during that time period, and further provided that the custodial parent picks up the child from the non-custodial parent and returns the child to the same place; and (6) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 30 days' written notice on or after May 16 of each year, the custodial parent may designate 21 days between June 1 and August 31, to be exercised in no more than two separate periods of at least seven consecutive days each, during which the non-custodial parent shall not have possession of the child, provided that the period or periods so designated do not interfere with the non-custodial parent's period or periods of extended summer possession or with Father's Day if the non-custodial parent is the father of the child. (1) Where parents under this decree reside in different areas and the child(ren) must travel between parents by public transportation, the custodial parent is ordered to deliver the child(ren) at the beginning of each period of possession herein awarded to the non-custodial parent, to the appropriate transportation terminal in the custodial parent's city of residence. Further, the custodial parent is ordered to pick up the child(ren) at the termination of each period of possession herein granted to the non-custodial parent, at the appropriate transportation terminal in the custodial parent's city of residence. The non-custodial parent is hereby ordered to pick up the child(ren) at the appropriate transportation terminal in the non-custodial parent's city of residence. Further, the non-custodial parent is ordered to deliver the child(ren) at the end of each period of possession herein awarded to the non-custodial parent, to the appropriate transportation terminal in the non-custodial parent's city of residence. (2) The custodial parent shall provide a $5000 cash or secured bond to the court, forfeited to the other parent upon violation of the terms of the visitation orders. (3) The state of residency of the non-custodial parent shall retain all jurisdiction over the case, unless the non-custodial parent moves from the state. (4) Both parents shall provide the children: (a) Computer, (b) High speed internet service, (c) A Firewire web cam, and (d) An electronic tablet, which will be used for frequent contact between the child(ren) parent not in residence, with the ability to help with any homework.
If mother re marrys and has residential custody but also has joint custody with the father can she move out of state with the children to reside with new spouse?
Not without the permission of the court and/or the father. If the court allows it over the objections of the court, the following orders should be applied. ---- == == The highest rates of denial of court ordered visitation takes place when it involves long distance visitation. Except as otherwise explicitly provided, if the non-custodial parent resides more than 100 miles from the residence of the child, the non-custodial parent shall have the right to possession of the child as follows: (1) every Spring school vacation from 6 p.m. on the day school recesses until 6 p.m. on the day before school resumes after that vacation; (2) if the non-custodial parent: (4) gives the Custodial parent written notice by May 1, of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 42 days between June 1 and August 31, to be extended in no more than two separate periods of at least seven consecutive days each; or (5) does not give the custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (6) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days notice on or after May 16 of each year, the custodial parent shall have possession of the child on any one weekend from Friday at 6 p.m. to 6 p.m. on the following Sunday during any one period of possession by the non-custodial parent under subdivision (4) of this subsection, provided that if a period of possession by the non-custodial parent exceeds 30 days, the custodial parent may have possession of the child under the terms of this subdivision on any two nonconsecutive weekends during that time period, and further provided that the custodial parent picks up the child from the non-custodial parent and returns the child to the same place; and (7) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 30 days' written notice on or after May 16 of each year, the custodial parent may designate 21 days between June 1 and August 31, to be exercised in no more than two separate periods of at least seven consecutive days each, during which the non-custodial parent shall not have possession of the child, provided that the period or periods so designated do not interfere with the non-custodial parent's period or periods of extended summer possession or with Father's Day if the non-custodial parent is the father of the child. (1) Where parents under this decree reside in different areas and the child(ren) must travel between parents by public transportation, the custodial parent is ordered to deliver the child(ren) at the beginning of each period of possession herein awarded to the non-custodial parent, to the appropriate transportation terminal in the custodial parent's city of residence. Further, the custodial parent is ordered to pick up the child(ren) at the termination of each period of possession herein granted to the non-custodial parent, at the appropriate transportation terminal in the custodial parent's city of residence. The non-custodial parent is hereby ordered to pick up the child(ren) at the appropriate transportation terminal in the non-custodial parent's city of residence. Further, the non-custodial parent is ordered to deliver the child(ren) at the end of each period of possession herein awarded to the non-custodial parent, to the appropriate transportation terminal in the non-custodial parent's city of residence. (2) The custodial parent shall provide a $5000 cash or secured bond to the court, forfeited to the other parent upon violation of the terms of the visitation orders. (3) The state of residency of the non-custodial parent shall retain all jurisdiction over the case, unless the non-custodial parent moves from the state. (4) Both parents shall provide the children: (a) Computer; (b) High speed internet service; (c) A Firewire web cam; and (d) An electronic tablet, which will be used for frequent contact between the child(ren) parent not in residence, with the ability to help with any homework.
Visitation Order-What is a good example of a Standard Visitation order?
STANDARD VISITATION ORDERIT IS FURTHER ORDERED, ADJUDGED AND DECREED that the custodial parent(s) and the non-custodial parent(s) shall be bound by the following terms and provisions, and the non-custodial parent(s) shall have possession of the child(ren) as follows:(a) Definitions. In this section:(1) "School" means the primary or secondary school in which the child is enrolled, or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.(2) "Standard Order" or "standard possession order" Means an order that provides a parent named as a non-custodial parent with rights of possession of a child in accordance with the terms and conditions provided in this section.(3) "Child(ren)" applies to all children the subjects of this cause of action under the age of 18, and not otherwise emancipated.(b) Mutual Agreement or Specific Terms for Possession. It is ordered that the parties may have possession of the child at any and all times mutually agreed to in advance by the parties and failing mutual agreement, shall have possession of the child under the specified terms herein set out in this standard order.(c) Parents Who Reside 100 Miles Or Less Apart.Except as otherwise explicitly provided, if the non-custodial parent resides 100 Miles or less from the primary residence of the child, the non-custodial parent shall have possession of the child as follows, according to the election made as indicated by an "X" or "/":(1)____ (a) on weekends from 6 p.m. on the first, third and fifth Friday of each month until 6 p.m. on the following Sunday (or, at the non-custodial parent's election made before the rendition of the original or modification order), ____ (b) from the time the child's school day ends, if any, on the first, third, and fifth Fridays of each month until 6 p.m. on the following Sunday; and(2)____ (a) on Wednesdays of each week during the regular school term from 6 p.m. until 8 p.m., (or at the non-custodial parent's election made before the rendition of the original or modification order), ____ (b) from the time the child's school day ends, if any, until 8 p.m. on Wednesdays of each week during the regular school term.(d) Weekend Possession Extended by Holiday. Except as otherwise explicitly provided, if a weekend period of possession of the non-custodial parent coincides with a school holiday during the regular School term, or with a federal, state, or local holiday during the summer months in which school is not in session, the weekend shall extend until 6 p.m. on a Monday holiday or school holiday or shall begin at 6 p.m. Thursday for a Friday holiday or school holiday, as applicable.(e) Vacations and Holidays. The following provisions govern possession of the child for vacations and for certain specific holidays and supersede any conflicting weekend or Wednesday periods of possession provided by subsections (c) and (d) of this section. The non-custodial parent and custodial parent shall have rights of possession of the child as follows:(1) the non-custodial parent shall have possession of the child in even-numbered years from 6 p.m. on the last school day before the Christmas school vacation begins until noon on December 26th, and the custodial parent shall have possession for the same period in odd-numbered years;(2) the non-custodial parent shall have possession of the child in odd-numbered years from noon on December 26th until 6 p.m. on the day before school resumes, and the custodial parent shall have possession for the same period in even-numbered years;(3) the non-custodial parent shall have possession of the child in odd-numbered years from 6 p.m. on the Wednesday before Thanksgiving until 6 p.m. on the following Sunday, and the custodial parent shall have possession for the same period in even numbered years;(4) the non-custodial parent shall have possession of the child in even-numbered years from 6 p.m. on the last school day before the school's spring vacation begins until 6 p.m. on the day before school resumes, and the custodial parent shall have possession for the same period in odd-numbered years;(5) if the non-custodial parent:(A) gives the custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 30 days between June 1 and August 31, to be exercised in no more than Two separate periods of at least seven consecutive days each; or(B) does not give the Custodial parent written notice by May 1 of each year specifying an extended period or periods of summer possession, the non-custodial parent shall have possession of the child for 30 consecutive days at 6 p.m. on July 1 and ending on July 31;(6) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days' written notice on or after May 16 of each year, the custodial parent shall have possession of the child on any one weekend from Friday at 6 p.m. to 6 p.m. on the following Sunday during any one period of possession by the non-custodial parent under subdivision (5) of this subsection, provided that the custodial parent picks up the child from the non-custodial parent and returns the child to that same place;(7) if the custodial parent gives the non-custodial parent written notice by May 15 of each year or gives the non-custodial parent 14 days' written notice on or after May 16 of each year, the custodial parent may designate one weekend between June 1 and August 31, during which an otherwise scheduled weekend period of possession by the non-custodial parent will not take place, provided that the weekend so designated does not interfere with the non-custodial parent's period or periods of extended summer possession or with Father's Day if the non-custodial parent is the father of the child;(8) the parent not in possession of the child on the child's birthday shall have possession of the child from 6 p.m. to 8 p.m. on that day, provided that the parent not in possession picks up the child from the child's residence and returns the child to that same place.(9) if the father shall have possession of the child on Father's Day from 9 a.m. to 6 p.m., provided that, if he is not in possession of the child, he picks up the child from the child's residence and returns the child to that same place; and(10) if the mother shall have possession of the child on Mother's Day from 9 a.m. to 6 p.m., provided that, if she is not in possession of the child, she picks up the child from the child's residence and returns the child to that same place.(f) First Right Of Refusal. If the parent in possession of the child shall be away for an extended period of time they shall give the other parent the right of first refusal to care for the child.See related link for long distance visitation.
Can a judge order a non custodial parent to pay an additional amount of child support because he lives over 300 miles away and cannot visit the child each week?
If the judge orders it, then you have no choice. Unfortunately the judge can make all sorts of crazy judgements. If you disagree, file an appeal. For now, do what the judge says so you don't hurt your chances of a successful appeal. *The judge might issue such an order, but it would not hold up if contested. Child support and visitation are two separate issues. Child support is based on the physical needs of a child and has nothing to do with the involvement or lack of same by the non custodial obligated parent.
Can the custodial parent take the children out of state with out the non custodial parents knowledge and not let the father know where they are or speak to them at all?
In Michigan, the custodial parent can't move the kids more than 100 miles away from the other parent and can't go out of state, even for a vacation, without permission from the court
Can a parent with sole custody move out of state if the other parent doesn't visit?
In most cases, yes. The parent with sole custody must however inform the court that issued the custodial order and the non custodial parent before the move. The non custodial parent will be given the opportunity to contest the move if he or she so chooses. In most cases a move out of country is done without the other parent knowing. If this happens there are organizations that can help you get your child back. COntact the Red Cross for information if needed.
What happens if you move across state lines with your childrenwhile the father has only visitation rights?
In the past, the custodial parent could move wherever they wanted and the non-custodial parent had no say in the matter. Today however, many states have begun to move away from that line of thinking, recognizing that the disruption in visitation with the non-custodial parent could be detrimental to thechild . Because of this change in perception, some courts now require that the custodial parent give adequate notice before any kind of drastic move and must gain the approval of the non-custodial parent and/or the court before the move can take place. The custodial parent must have a good reason for the move, such as a new spouse that lives in the proposed location or a verifiable offer of better employment. The court will then have to weigh the expected benefits to the family with the potential disruption to the child. If the child has a close and involved relationship with the non-custodial parent, the court is less likely to disrupt this relationship. Likewise, if the move would make it difficult or impossible to continue visitation, the court may deny the request. On the other hand, if the non-custodial parent has not taken advantage of scheduled visitation or if the relationship is a strained one, the court may decide to allow the move. The court will also consider the advantages to the child, such as better education or facilities that could better accommodate the child's special needs or medical condition. If the move is allowed, the court will restructure visitation to maintain the relationship between the child and the non-custodial parent and may reduce child supportor impose travel expenses on the custodial parent. Distance Specified by Court Order Many states have a set distance that one party is allowed to move away from the other. For instance, in Wisconsin, the distance limit is 150 miles. However, parents who live close to a state border may have it stipulated in the court order that neither parent can move out of state without parental permission. If your ex has simply moved across state lines, she may be within her rights as long as it is within the distance specified in your court order. However, if it does not specifically state this, you must file a motion with the court to remedy the situation. Notification Some parents may try to move out of state with the child before notifying the other parent of the move in hopes that the move will be ordered to stand since it is already done and to avoid confusion and emotional trauma to the child. However, there is a specific protocol that must be adhered to for a move to be granted by the courts. In many states, if the other parent wishes to move out of state, he must notify you at least 60 days before the move. You then have between 20 and 30 days to contest the move. If that notice was not given, the court must be notified. Length of Removal In some cases, a parent may take the child out of state for an extended vacation or a visit with family. If you are not sure what your ex intends by such a move, you should contact her to try to determine her motives. Advanced notification is not necessary to take the child out of state for vacation or a visit with family unless it is specifically stated in your court order or unless the vacation will last more than 14 days. However, if it is found that this move is only temporary, you do not have the right to contest the out-of-state trip.
What are the rights of a Missouri custodial parent needing to move out of state but less than 100 miles for career when the non custodial parent has extended non traditional visitation?
Custodial rights in any US state depends largely on the individual circumstances surrounding a dispute and the judge's interpretation of such. Generally the main contributing factors in the decision are. the ages of the children involved, the extent the non custodial parent and other relatives (grandparents, etc.) are currently involved with the children, the purpose of the relocation, and the plans for transportation of the children for visitation purposes. There are no certainties in such situtation. But a move when it pertains to the parent retaining their employment status does carry a considerable amount of weight in the matter.
