Can a parent get sole custody even if the court ordered joint custody if the non-custodial parent hasn't been in the kids' lives for 5 years?
You would have to go back to court. Have your attorney file for a modification of custody order. Your ex would be notified through his attorney and would have to answer your allegation.
28 people found this useful
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 cust…ody so it is possible.
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 hasestablished his paternity in court and requested joint custody.
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Maryland?
Answer . \nWhen the issue pertains to unmarried couples the law presumes the mother to have full legal custody of the child(ren). The father must establish paternity before custody, child support or visitation rights can be addressed by the court.
Who has custody of a child when the parents are not married and there is not a custodial order from the court?
Answer . \nThe law presumes that an unmarried woman has sole custody of a child born out of wedlock until/unless a court rules otherwise.
What would be valid reasons for a court allowing a 17-year-old to live with a non-custodial parent after the custodial parent has already been court appointed?
Answer . \nIf the environment that the minor is currently living in is unsuitable to the extent that the physical, mental and emotional well-being of the minor is being jeopardized.\n. \nSuch an assessment would be made by the state's department of child protective services or another state so…cial service agency, not by the minor or other individual(s).
The custodial parent must return to court and file a motion for contempt of a court order against the non-custodial parent.
Does the court ever change a ruling from joint custody to full custody for the custodial parent if the non-custodial parent gives up his visitation?
Answer . \nBecause it's almost always in a child's best interest to have a relationship with both parents, courts are generally reluctant to take away visitation rights. \n. \nIn some states, custody orders may give "primary" physical custody to one parent and "partial" physical custody to ano…ther parent. Very rarely does one parent get "full" custody of the child without at least visitation to the other parent.\n. \nIf you are the parent who does most of the caregiving and the other parent is not attending visits as scheduled, document the missed visits, especially any times the visits are scheduled and then cancelled or the parent just fails to arrive for visits. This information can help in court.
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Tennessee?
I am currently trying to find a similar answer, so far, in my experience (in which one parent is in Tennessee and one is NOT in Tennessee), I was told NO ONE has custody. That you have to go to court to get it established.That both parents have equal claim to the child. Further more, I was told that… the child, whom is living outside of Tennessee can be taken by the parent living in Tennessee and nothing can be done. This is after paternity has been established. Scary thought. I have tried to get information from many sources, especially about the jurisdiction and enforcement act and most agencies are close mouthed and pass the buck. My child is 8 months old and I have no idea what my rights are. If you find out anything let me know :)
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Oklahoma?
In Alabama, the mother would have custody of the child until the father proved that he was in fact the child's father. This would be done by petitioning the court for a paternity test.
How does parent obtain court order establishing sole legalparental custody of 15 year old who has never had contactsupport from the other parent?
court..call local child support agency
You are the non-custodial parent your 18 yr old daughter has been living with you for 5 years do the custodial parent have to pay child support and how is this done?
You didn't state where you live, but if you're in the US (and without knowing what state).... Five years ago you should have petitioned for custody and child support, but since you didn't do it then and the child is 18 now (no longer a minor), there's likely nothing you can do. Call a local attorney… and ask.
Will a court order a custodial parent to pay a non-custodial parent child support if the custodial parents income is much higher than the non-custodial parents income?
No, the custodial parent does not have topay anything to the other parent. The NON-custodial parent will still have to pay something as their contribution to the support of the child(ren) , but because of the difference in incomes it may be fairly small.
How can a non custodial parent get custody of a 15 year old child if the custodial parent lives out of state and the custodial parent is very unreasonable?
PREPARATION, PREPARATION, PREPARATION . "-: "> see link below ==. It will need to be filed in the state that has, or has retained jurisdiction. If that's your state, when you file, the other parent may attempt to transfer jurisdiction, so your beginning fight may be to retain jurisdiction in yo…ur state, which may take time as it moves up through the appeals process. States like Colorado and Florida are known for yanking jurisdiction, even when it does not meet the UCCJA requirements. Also, a common way for the other state to get emergency jurisdiction is through a false allegation, so watch what you say to her. Of note, if she lives in Texas , you may want to file there, as you can get a Jury Trial , which substantially increases your chances. You have two starting points. One, consider joining Dads House in Yahoo Groups. Membership is required, but there are no membership fees, or even a donation button. It's a group who shares these common issues. See link below
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.
Will the courts grant a mother sole custody to her kids if the non custodial parent doesnt see his kids but he is paying child support?
probably . Depends on circumstances, but if he's not voluntarily, why does it matter?
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in California?
Mother has sole custody in every state except Arizona. see link below
Can a non custodial parent that has been absent for 6 years have the right to sign school contracts even though they have joint custody?
As a parent with joint custody, the school will allow them to sign anything related to their own child. If they have been absent from the child's life, contact your lawyer to make the necessary changes to your custody order.
Depends on your reasons and the issues necessitating such a move. see links below
Can a noncustodial parent be granted joint custody after 9 years of sporatic visitation with the custodial parent having sole legal custody?
Only after demonstrating a pattern of frequent contact
Legally, there is little that can be done, however you could contact a local fathers rights group to send some members over to have a talk with him. I've done that numerous times in the Kansas City area. What if it is the mother that is the non-custodial parent?
It depends on marital status. If married, parents have equal parental rights. If unmarried, the mother has custody and the father must establish his paternity legally. Once established he can request joint custody and visitations.
There are different types of custody: sole physical custody, where the child resides primarily with one parent but the non-custodial parent is typically awarded visitation rights, and sole legal custody, where one parent makes decisions in the child's life pertinent to their welfare. So, rights are …delineated dependent upon the same.
This what i know that my parents are separated but, i live with my mom but i go to my dads house every weekend. Sometimes if my mom is nice enough i will go to his house on the weekday and ride the bus to school from and back to his house. I don't know about the joint physical custody.
Will a court order a custodial parent to pay a non custodial parent child support if the custodial parents income is much higher than the non custodial parents income?
While not the norm, yes, it can happen, and is based on the non-custodial's parenting time. However child support calculation is complicated and involves many factors. Consult an attorney in your area for an informed opinion.
The custodial parent must take the matter before the court by filing a motion for contempt of a court order. The court may impose sanctions but the custodial parent must stay on top of the situation. The custodial parent must take the matter before the court by filing a motion for contempt of a cou…rt order. The court may impose sanctions but the custodial parent must stay on top of the situation. The custodial parent must take the matter before the court by filing a motion for contempt of a court order. The court may impose sanctions but the custodial parent must stay on top of the situation. The custodial parent must take the matter before the court by filing a motion for contempt of a court order. The court may impose sanctions but the custodial parent must stay on top of the situation.