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The answer depends on the details of the incarceration, the details of the restraining order, whether the present custody order should be changed and whether custody in that parent would be in the best interest if the child. You need to consult an attorney.

The answer depends on the details of the incarceration, the details of the restraining order, whether the present custody order should be changed and whether custody in that parent would be in the best interest if the child. You need to consult an attorney.

The answer depends on the details of the incarceration, the details of the restraining order, whether the present custody order should be changed and whether custody in that parent would be in the best interest if the child. You need to consult an attorney.

The answer depends on the details of the incarceration, the details of the restraining order, whether the present custody order should be changed and whether custody in that parent would be in the best interest if the child. You need to consult an attorney.

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13y ago

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Related Questions

Can the custodial parent change an order for custody of child occurring after custodial parent's death?

No. The court is the only the one that can change a custody order.


How does child change custody from one parent to the other?

The court would have to modify the custody order. You need to discuss it with your custodial parent.


Can a parent have the court order the child to remain in parents custody until 18yr of age?

If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.


Is it custody kidnapping if parent refuses to return child or let other parent come for child?

If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.


What rights does the non custodial parent with joint custody have if refusing to give child back?

Generally, only under circumstances in which there is clear evidence that the child is in an unsafe environment, and has been reported as such. And in that case the parent must file for an emergency order with the court of jurisdiction. It will be followed up by a full hearing within a couple of weeks.


Do parents have rights to their children's medical records after they have lost custody?

Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.


If one parent has full custody of a child and that parent dies will the living parent get the child?

Yes, unless the living parent has a court order not allowing them to be with the child in that case the child would go to the next relative that is willing to take the child. The surviving parent will still have to go to court to have the custody awarded to him/her. After all, the court felt there was a good reason that the full custody award was rendered in the first place.


If a father was receiving child support in Texas and the child chooses to live with the other parent do you have to pay the other parent child support?

If the arrangement is with the consent of the custodial parent and will be permanent then the custody and child support orders must be modified to reflect the change in legal custody. The parent in Texas needs to have their custody formalized by a court order so they can enroll the child in school, consent to medical treatment, etc. If the child support order is not modified the non-custodial parent may be subject to the accumulation of child support arrears.


Can a child see there biological parent if they don't have custody?

Only if the custodial parent agrees to it or if there is a court order for visitation.


Does a child have to see the other parent if there is no court order in the state Michigan?

No. The parent who does not have custody have to apply for visitation in court.


Should the custodial parent go to court to let the child live with the non custodial parent?

Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.Yes. The custody order must be modified. The change could result in the present custodial parent being required to pay child support.


Does a non custodial parent still have to pay child support when the custodial parent is in jail?

Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.

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