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How do you answer a court summons when the non custodial parent is trying to get full custody?
Wiki User
∙ 12y ago
This question would be better addressed to your lawyer. Trying to handle this without a lawyer is very likely a grave mistake.
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∙ 12y ago
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Do the non custodial parent have to have proof to file child abuse charges on custodial parent?
Generally, the non-custodial parent must have a good reason to make the accusation. Child Protective Services will investigate and determine if there is proof of abuse. If they find no evidence of child abuse the custodial parent may be able to sue for damages if the non-custodial parent was only trying to interfere by submitting untrue accusations. They should proceed carefully.If the non-custodial parent makes the complaint in good faith but no abuse is found there will be no negative consequences for making the complaint.Generally, the non-custodial parent must have a good reason to make the accusation. Child Protective Services will investigate and determine if there is proof of abuse. If they find no evidence of child abuse the custodial parent may be able to sue for damages if the non-custodial parent was only trying to interfere by submitting untrue accusations. They should proceed carefully.If the non-custodial parent makes the complaint in good faith but no abuse is found there will be no negative consequences for making the complaint.Generally, the non-custodial parent must have a good reason to make the accusation. Child Protective Services will investigate and determine if there is proof of abuse. If they find no evidence of child abuse the custodial parent may be able to sue for damages if the non-custodial parent was only trying to interfere by submitting untrue accusations. They should proceed carefully.If the non-custodial parent makes the complaint in good faith but no abuse is found there will be no negative consequences for making the complaint.Generally, the non-custodial parent must have a good reason to make the accusation. Child Protective Services will investigate and determine if there is proof of abuse. If they find no evidence of child abuse the custodial parent may be able to sue for damages if the non-custodial parent was only trying to interfere by submitting untrue accusations. They should proceed carefully.If the non-custodial parent makes the complaint in good faith but no abuse is found there will be no negative consequences for making the complaint.
How can you disappear from someones life for the best?
This would depend on who is deciding it is for the best and what some of the circumstances are in the situation; Ex are you married, custodial parent non custodial are children involved. If your trying to kidnap someone it;s illegal so that would not be advisable
In Missouri is it legal for an ex-wife to instruct a fourteen year old child to audio record the father and his new girlfriend in his own home to use in a custody battle?
Generally, Missouri law provides that it is not unlawful for a person who is not under color of law to intercept oral communications as long as they are a party, or one party has given consent. Instructing a child to record conversation at her father's home does not meet the requirements for a legal recording. However, there are other serious legal issues that would be involved with that activity.The parent using their child to spy on the non-custodial parent, or secretly gather information for the custodial parent's use, would constitute parental alienation. Teaching the child to spy and making her do it would constitute a major interference in the child's relationship with her father. It can have a devastating effect on both the non-custodial parent and the child. The courts are well aware of the existence of parental alienation and its effects. It is not viewed lightly. The court can impose sanctions and a parent who persists in trying to alienate the child from the other parent could eventually lose custody. Any recordings presented to the court as evidence against the non-custodial parent may backfire and prove to be a problem for the custodial parent instead.If you plan to use a child to spy you should consult with an attorney before you act. You should also take a parenting class through the court geared toward divorce and children, and obtain some counseling. If you have been a victim or think you have been a victim of child spying you should consult with an attorney and take legal action. In that case, the custodial parent does not have the child's best interest in mind.See related link.
Why didn't the court order child support if you have primary physical custody?
If you have primary physical custody you are entitled to support. How much support is figured in a formula based on how much money each of you makes and how many days (or overnights) each of you has time with the child. Depending on the state, if the child stays with the other parent over a certain set amount of time, then that parent is responsible to pay less child support. Most states are trying to push joint physical custody where the child spends 1/2 to 2/3 of the time with the primary caretaker and the rest with the other parent.
Can a custodial parent file an injunction against the non-custodial parent to prevent him from moving?
He can always ask the courts to stop you from moving, however you are under no obligation to do something just because he asks. The court must agree with him and give the mandate that you remain in your state. If you have legitimate reasons for wanting to move to another state and are not just trying to get the children away from him the court will most likely not award his request. However, if you are just being vindictive against him, or the court believes that you are, you might be prevented from moving.AnswerYes, and it depends on the judge and your state how they handle it. It is usually allowed if it is for a valid reason such as new and BETTER employment or if, married again, your spouse has to relocate. However, if the court views it as an attempt to move as far away from their Dad as possible, his injunction will be approved.AnswerIf you have full custody of the children you must notify the court where the custodial order was issued of you intention of moving. The father will be notified and if he so chooses he will be given the opportunity to present arguments as to why the move should not be allowed. It is very rare for a judge to refuse a custodial parent's request to relocate.What generally happens is, visitation arrangements will be modified to allow the non-custodial parent equal opportunity for seeing the children. For example, rather than weekends the order might be changed to holidays, birthdays, school vacation (if applicable) and so forth.The burden of visitation will still remain on the non-custodial parent as to travel expenses and related issues unless the couple agree otherwise. Any relocation will not change the terms of an existing child support order.
In Texas what can a non custodial parent do when trying to get custody of child and custodial parent doesnt cooperate?
see links
Is there any way to prevent a non custodial parent from taking or picking up your child from school?
The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.The following is general since you didn't include any details.First, you should make certain the school is notified that you are the custodial parent and you should provide the school with a certified copy of the decree that awarded sole legal custody to you. If you have sole legal custody you should inform the school that the non-custodial parent is not allowed to take the child during the school day or pick the child up when school is dismissed. If the non-custodial parent persists in trying to take the child from school then you will need to address the situation in court.If the non-custodial parent is allowed to pick the child up after school pursuant to your visitation order then you must obey the order.
Do I have the right to ask why I did not get to see my kid's for ten years and yet I still owe child support?
If there was a custody schedule - you have the right to have it brought before the judge; that the custodial parent refused to abide by mandated visitation.That said, how will you answer the question "What did you do during those ten years to remedy the situation?" If you have receipts, phone records and reports from investigators you paid over the years who where not able to find the custodial parent. You could possibly walk away with sole custody of the children. While the custodial parent faces charges of interfering with a custody order.But! and it is a big one, were the children well cared for during the ten years? Is the custodial parent trying (from the heart), to remedy the situation now? Will you have 50/50 custody in the future? Is it in the best interest of the children or is it out of anger, if you were to press the issue? You need to answer these questions from the heart and then you need to have a heart to heart with the other parent and work out a schedule that is in the best interest of your kids. Good luck, I hope it all works out for you and your kids.
Do the non custodial parent have to have proof to file child abuse charges on custodial parent?
Generally, the non-custodial parent must have a good reason to make the accusation. Child Protective Services will investigate and determine if there is proof of abuse. If they find no evidence of child abuse the custodial parent may be able to sue for damages if the non-custodial parent was only trying to interfere by submitting untrue accusations. They should proceed carefully.If the non-custodial parent makes the complaint in good faith but no abuse is found there will be no negative consequences for making the complaint.Generally, the non-custodial parent must have a good reason to make the accusation. Child Protective Services will investigate and determine if there is proof of abuse. If they find no evidence of child abuse the custodial parent may be able to sue for damages if the non-custodial parent was only trying to interfere by submitting untrue accusations. They should proceed carefully.If the non-custodial parent makes the complaint in good faith but no abuse is found there will be no negative consequences for making the complaint.Generally, the non-custodial parent must have a good reason to make the accusation. Child Protective Services will investigate and determine if there is proof of abuse. If they find no evidence of child abuse the custodial parent may be able to sue for damages if the non-custodial parent was only trying to interfere by submitting untrue accusations. They should proceed carefully.If the non-custodial parent makes the complaint in good faith but no abuse is found there will be no negative consequences for making the complaint.Generally, the non-custodial parent must have a good reason to make the accusation. Child Protective Services will investigate and determine if there is proof of abuse. If they find no evidence of child abuse the custodial parent may be able to sue for damages if the non-custodial parent was only trying to interfere by submitting untrue accusations. They should proceed carefully.If the non-custodial parent makes the complaint in good faith but no abuse is found there will be no negative consequences for making the complaint.
You have custody of your son your ex is trying to take away your custody because you live with your fiance is it illegal in the State of Arkansas to live with someone and retain custody?
not if you are the biological parent
What happens to the child when the custodial parent goes to jail?
Not sure what you're trying to ask. However, typically when a parent who has main custody goes to jail, the other parent will take the child in, or even a family member.
What can I do about other parent using bad tactics in trying to fight for custody?
What do you mean by Bad Tricks? This can be interpretive.
How can you disappear from someones life for the best?
This would depend on who is deciding it is for the best and what some of the circumstances are in the situation; Ex are you married, custodial parent non custodial are children involved. If your trying to kidnap someone it;s illegal so that would not be advisable
What if they disagree about the child being in therapy?
If they have joint custody they will need to take the matter to court. However, at the same time the parent who is preventing the therapy from happening should realize that a judge is likely to change the custody order if the parents do not get along well enough to agree on important matters that concern the child's health and welfare. The parent who is trying to arrange therapy, if it is warranted, should request sole legal custody so that squabbling with the other parent will not delay needed services for the child.If they have joint custody they will need to take the matter to court. However, at the same time the parent who is preventing the therapy from happening should realize that a judge is likely to change the custody order if the parents do not get along well enough to agree on important matters that concern the child's health and welfare. The parent who is trying to arrange therapy, if it is warranted, should request sole legal custody so that squabbling with the other parent will not delay needed services for the child.If they have joint custody they will need to take the matter to court. However, at the same time the parent who is preventing the therapy from happening should realize that a judge is likely to change the custody order if the parents do not get along well enough to agree on important matters that concern the child's health and welfare. The parent who is trying to arrange therapy, if it is warranted, should request sole legal custody so that squabbling with the other parent will not delay needed services for the child.If they have joint custody they will need to take the matter to court. However, at the same time the parent who is preventing the therapy from happening should realize that a judge is likely to change the custody order if the parents do not get along well enough to agree on important matters that concern the child's health and welfare. The parent who is trying to arrange therapy, if it is warranted, should request sole legal custody so that squabbling with the other parent will not delay needed services for the child.
In Missouri is it legal for an ex-wife to instruct a fourteen year old child to audio record the father and his new girlfriend in his own home to use in a custody battle?
Generally, Missouri law provides that it is not unlawful for a person who is not under color of law to intercept oral communications as long as they are a party, or one party has given consent. Instructing a child to record conversation at her father's home does not meet the requirements for a legal recording. However, there are other serious legal issues that would be involved with that activity.The parent using their child to spy on the non-custodial parent, or secretly gather information for the custodial parent's use, would constitute parental alienation. Teaching the child to spy and making her do it would constitute a major interference in the child's relationship with her father. It can have a devastating effect on both the non-custodial parent and the child. The courts are well aware of the existence of parental alienation and its effects. It is not viewed lightly. The court can impose sanctions and a parent who persists in trying to alienate the child from the other parent could eventually lose custody. Any recordings presented to the court as evidence against the non-custodial parent may backfire and prove to be a problem for the custodial parent instead.If you plan to use a child to spy you should consult with an attorney before you act. You should also take a parenting class through the court geared toward divorce and children, and obtain some counseling. If you have been a victim or think you have been a victim of child spying you should consult with an attorney and take legal action. In that case, the custodial parent does not have the child's best interest in mind.See related link.
What rights do you have being the custodial parent and wanting to move out of state and what rights does the father have to keep you from moving?
That's a decision that only the judge can make, based on state law. If it appears to the judge that you're just trying to get away from the father, you had better have a good reason. If it's a legitimate reason to move, such as a better job or you need to be closer to family for support, the judge will probably allow your request, since a judge will be hesitant to mandate something as basic as your freedom to live where you want. But in the end, it will depend on the father's arguments and your reasons for wanting to leave the state and the state laws.
What if noncustodial dad is trying to get custody but don't show up for visitation?
In difficult custody battles, it's best to keep a journal detailing things such as this. This can help when providing facts to the court showing a lack of interest in following any visitation agreements. Non-custodial parents can petition the court requesting a change in custody, but Judges do look at the facts, and take what is called status quo into account.
