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Can i file charges against non custodial parent for taking child out of state?
Wiki User
∙ 12y ago
You can but I don't believe it will get you anywhere. It would be nice if plans were told to you for this outing. I have taken my daughter out of state for the day going to KC Worlds of Fun. My ex was none too pleased when she was told about this and that I should have mentioned my plans to her as she ultimately is responsible for my daughter as the custodial parent. If the Non-Custodial parent takes the child out of state without bringing the child back this is kidnapping and by all means press charges. To have a crime commited one must break the law, if a divorce decree states that the non-custodial parent can not take the child across state lines then they are At Fault. Besides this there is no fault as long as the non-custodial follows the visitation schedule as in the decree. If you have no decree certain papers should be drawn up dictating the allowances of the visitation and the non-custodial parent will have to answer this petition. You have to protect yourself get a lawyer and get it in front of a Judge that's the only way you will have any legal standing when it comes to this matter. Do not use words in the decree such as reasonable as this gives to much leeway.(Such as reasonable time). This word in the decree will open up too much discussion, trust me I know.
Wiki User
∙ 12y ago
Wiki User
∙ 14y agoNo, and it does depend on circumstances. If it's believed a move has taken place, an injunction needs to be filed right away. see link
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When a parent has joint custody of a child can they just choose to leave the child with anyone they choose without informing the other parent?
What does the legal paperwork state? If you are legally bound to request permission from the other, then I would follow that before taking the vacation. Parents who are sharing their time respectively with the child should also provide optional visitation times if the vacation takes any of the visitation that the "other" parent is entitled to.
What charges were brought against Bruce Ismay in the Titanic sinking?
None.Bruce Ismay got away without any charges, though he was called a coward for the rest of his life for taking a seat in a lifeboat.
If you have sole custody does your ex or his family need your permission to take your child out of state?
They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.
Can you take your children to Mexico if you have full custody?
Generally the parent who retains full custodial powers of minor children does not need permission from the non custodial parent in issues relating to the child/children. The terms of the custodial order determine what a parent may or may not do concerning minor children. If there is not a specific stipulation pertaining to the issue at hand it would be prudent for the custodial parent to discuss the matter with a qualified attorney before taking any action. If you have sole custody, you can travel with your child unless there is a specific agreement in the divorce decree that you need special arrangements with your ex before international travel. Also, you should get each of your children a passport. Any large post office can assist you with obtaining a passport. Where moving children around affects the ability of the other parent to visit the children it is very common for the law to require that the other parent either agrees to the move, or is compensated for the extra travelling to the new location in order to continue the visiting arrangements. Full custody is never to be regarded as permission to block or hinder visitation.
Could a minor be taking from school with out parent being informed?
can the police take a minor out of class with out parent permission ?
If Got divorced in Idaho and moved does the custodial parent have to follow?
No, the court can bar a custodial parent from taking the child out of state away from the non-custodial parent, but cannot force the custodial parent to relocate to be closer to the NCP after they move.
Is it fair for the custodial parent to ask the non custodial parent for half of the rent along with other needs for the child?
Not if your the parent taking care of the child.
Is it illegal for the costidial parent to still take child support payments when child has turned 18 and moved out?
Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.Yes. The non-custoduial parent can report the situation to the court and sue the custodial parent for the return of all money paid. If the custodial parent is taking money from the state it may constitute a criminal offense and will be prosecuted.
Does the noncustodial parent have to bring back the children to the custodial parents after a visit?
Yes, unless there are other arrangements mentioned in the visitation order. The non-custodial parent shouldn't expect the custodial parent to do the transporting. Taking your own parental responsibilities seriously is character building.
If arrearage is owed can custodial parent claim child if courts gave tax exemption to non custodial parent?
I'm not sure what state you are in, but in Utah a non custodial parent may NOT claim the child if they are not current on child support. You need to check your individual state. I'm thinking the custodial parent could claim the child if the non custodial parent isn't able to. I don't see why they would allow the exemption to go to waste. It's not like your taking it away from him, just using it because NCP can't.
What can you do if the non custodial parent is taking the children around people they are court ordered to not be in contact with?
Collect proof of this and take the parent back to court.
Does the custodial parent need to give non-custodial parent a letter of permission when non-custodial parent is taking child out of state for a extended period of time?
IT is a good idea assuming the custodial parent has sole custody or sole legal custody of the child. Otherwise, most states will administer medical care to a child with either parent present and will administer life saving measures without anyone present though they would be unable to continue treatment beyond emergency stabilization without a parent or guardian consent
Can a non-custodial parent leave the county?
It's legal for him to leave the state unless he has the kids with him and custodial parent do not consent for them to leave the state. He can be charged with kidnapping. If the non-custodial parent moves out of state, he or she must continue to pay child support. Also, visitation rights may be affected if the non-custodial parent lives far from the custodial parent.
Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?
No
How do you kidnap a child if you are the mother of that child?
Assuming the querist means that she wishes to take custody of her child without using proper legal procedure, it would most assuredly not be advisable to do so. The term for a non custodial parent taking a child without permisison of that child's custodial parent or legal guardian is 'parental abduction'. Regardless of the nomenclalture, it is a criminal offense and the perpetrator could face numerous and serious charges. If there is a question about custodial rights a parent should discuss the issue with a qualified attorney and should never "take matters into their own hands". The obvious exception would be if the child is in a situation of neglect and/or abuse and/or endangerment, then the parent or interested party should seek assistance from the jurisdictional authorities.
What happens if you are 21000 behind in back child support but you are paying just the current child support?
The custodial parent can take you to court for contempt and the court can issue a new order for payment of the arrears. At the request of the custodial parent, the state may take various actions to collect that support, such as asking the courts to put you in jail for contempt, taking your tax refund or serving a wage assignment on your employer. You should be making payments against the arrears. You may be able to negotiate a cash settlement for a lesser amount if you can borrow the money to pay the arrears. For example, the custodial parent may agree to accept $15,000 if paid immediately.
Can you press charges against your wife for taking hiding or selling your sculpture?
Oh yes, definitely
