0
How do you begin legal process to have non custodial parent to have custody you are 8 days from being 16?
Wiki User
∙ 14y ago
The other parent has to file, and you have an opinion, but not a choice. see links below
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Minor child wants to leave custodial home to live with non custodial parent?
AnswerFirst, check out the logic of the child's "want." Does it make sense to you and your ex for this to happen? Could the other parent be more appropriate for day-to-day raising of a teenager? For example, common wisdom is that if the child is a teenage boy, it might be for the best for him to go to Dad. However, if the child wants to move because of disagreement with household rules, both parents may want to come to an agreement that, come what may, the move will be permanent. Allowing a child to use the non-custodial parent as an escape to problems regarding rules, schooling and so on, may result in "flip-flopping" households whenever an issue comes up. And, these issues will come up regardless of where the child lives, because that is the territory with teenagers. Of course, if there were issues with the non-custodial parent to begin with, then those will need to be added to the equation. In my personal life, I had to leave teenagers in Texas when I moved to Arizona. It was their choice, but they knew there was room in Arizona. The household I left them to was not the best; however there was just 4 years left until college and it was, in many ways, a short term decision. I missed them, but they are now in their twenties, and are doing well.
Can a 17 year old be home alone for a week in Illinois?
It depends upon the situation, if the parents file a missing persons or runaway report, the police will begin looking for the minor. This is done due to the AMBER Alert law, and other laws that have been enacted in the past few years. Authorities have no way of knowing if the minor left of their own free will or has been taken forcibly. In cases where a minor has left on their own and the parents know where he or she is, they can petition the court for a requisition order to have the minor returned to their custody. This does not apply if a minor leaves the custodial parent's home to live with the non-custodial parent; in such a situation the non-custodial must notify the other parent and/or authorities that the minor child is with them.
Does the non-custodial parent have to pay child support while the child lives with him for 3 months of the year?
Well actually, it depends. A non-custodial parent can still have liberal, defined visitation and if that parent, say has 3 days a week or every weekend, and their income is vastly lower than the income of the custodial parent then there would be an avenue in many states where that 'non-custodial' parent would be entitled to child support. Again, it would vary on a number of factors including what you mean by non-custodial. If non-custodial includes no physical or legal custody and/or no visitation at all, the avenue seems virtually impossible. However, simply being non-custodial would not be the single defining point. In fact, there wouldn't be a single variable that would determine the answer to this question (particularly as state law were weighed in). Best advice, contact an attorney, many will provide free first consultations.
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 police question a minor in new york?
Yes, it is a misconception that minors must have the parent or legal guardian present when being interviewed by authorities. The minor has the same options that an adult has, which is to refuse to answer questions and if placed under arrest has the right to legal counsel either private or a public defender.
If non custodial parent owes back child support and the child goes to live with the non custodial parent does the custodial parent at that point have to begin paying child support?
Yes, in most circumstances. However, you need to notify the court of the change in circumstances as soon as possible. The existing child support order and custody order will remain in effect until the court is notified. You should be aware that any child support arrears that accumulated prior to the modification of the existing court orders still need to be paid.
You want to live with your mom she is the non custodial parent you are 8 days from being 16 how do you begin process legally?
You have no choice in the matter, just an opinion. Your mother has to file. see links below
What can a good dad do for his son when he does not wont to stay with mom anymore?
Try to speak to his mom about it and see if you can agree to change who has most custody. It can be just a try out to begin with. If she does not agree you can take it to court and if the child is old enough (varies between states) the judge will listen to him and maybe do as he wishes. But better if you can agree on your own of course.AnswerHe must request a modification in the court ordered custody.In virtually every state in the USA you can not choose which parent to live with as long as you are a minor. When parents are divorced the court issues a custody order that addresses both physical and legal custody. Sometimes the parents are mature and both desire to make the divorce as comfortable as possible for the children and they agree on an arrangement. In that case the court makes that agreement the custody order. If the parents cannot agree the court will decide the best arrangement and issue a custody and visitation order.Some states require that a judge review a child's request and the reasons for their request but the final decision lies with the judge who will render an order that the court determines is in the best interest if the child.It is a common fact amongst divorced families that one parent, usually the non-custodial parent, is more permissive, buys the children more, plays the children against the other parent, doesn't want to pay child support, has an unrealistic view of what physical custody would involve and generally does not take on the role of disciplinarian. That is not good parenting and often happens when the parents are not on the best terms. It casts the custodial parent in the role of the bad guy. The result is the children want to live with that non-custodial parent. No amount of whining or fighting or sabotage can change the court ordered custody arrangement but that type of situation creates unnecessary stress in an already stressful situation. On the other hand, with short term visitations the non-custodial parent often needn't deal with more serious day to day issues nor with discipline.The change in custody cannot be made without the court's approval. The court order must be modified and the parent who wishes to have it modified must provide evidence that the custodial parent is unfit and the change of custody would be in the best interest of the children. The parents should explain this reality to the children so they will stop thinking they can live with the other parent simply by choice.
What if a Missouri parent refuses to return a 15 year old to Indiana at the end of summer visitation what can a next of friend for the 15 year old do legally to prevent further kidnapping charges?
There is no kidnapping. At the worse there may be contempt of court order. But as a friend of the 15 Y/O there is nothing you can do as you have no legal standing in a custody dispute. I recommend you talk to the custodial parent and have that parent begin proceedings. There are non profit organizations that specialize in visitation over stay violations.
Minor child wants to leave custodial home to live with non custodial parent?
AnswerFirst, check out the logic of the child's "want." Does it make sense to you and your ex for this to happen? Could the other parent be more appropriate for day-to-day raising of a teenager? For example, common wisdom is that if the child is a teenage boy, it might be for the best for him to go to Dad. However, if the child wants to move because of disagreement with household rules, both parents may want to come to an agreement that, come what may, the move will be permanent. Allowing a child to use the non-custodial parent as an escape to problems regarding rules, schooling and so on, may result in "flip-flopping" households whenever an issue comes up. And, these issues will come up regardless of where the child lives, because that is the territory with teenagers. Of course, if there were issues with the non-custodial parent to begin with, then those will need to be added to the equation. In my personal life, I had to leave teenagers in Texas when I moved to Arizona. It was their choice, but they knew there was room in Arizona. The household I left them to was not the best; however there was just 4 years left until college and it was, in many ways, a short term decision. I missed them, but they are now in their twenties, and are doing well.
What is the core problem with child custody?
Parents not evaluating their motives of intent for wanting custody. They must begin by being honest with themselves as to why they want to be the custodial parent of the child(ren)--Enjoy being with the child(ren);Guilt;Desire to give child(ren) as much as possible;Frustration;Hurt/spite regarding spouse or ex-spouse;Force spouse into favorable property division;Fear for child's well-being if in custody of another;Feeling that spouse doesn't really want the child(ren).see related links
Getting Child Support from an Absent Parent?
It is not uncommon for an absent parent to stop paying the child support that he or she has been ordered by the courts to pay. The reasons for non-payment vary, but the bottom line is that the parent is bound by law to continue paying the required amount each month.Your Legal RightsAs the custodial parent, you have the right to seek any child support payments that have not been paid on time. The custody payments are intended to make sure that the non-custodial parent contributes his or her fair share toward the child's welfare. It does not matter what the non-custodial parent's employment situation is or how difficult the payment may be for that parent, the law requires that the payments be made each month. If a parent stops paying child support on time, the custodial parent has the right to contact the authorities to enforce the payments.How a Lawyer Can HelpIt is easy to recommend that a custodial parent contact the authorities to begin the process of tracking down child support payments. Unfortunately, once the parent notifies the police, the legal issues can become complicated. Hiring a lawyer who has experience in child support situations will help you fight for your child support in an efficient manner that will lead to a faster renewal of support. Unless you are a legal expert, attempting to track down and force an absent parent to pay child support will take longer and be more difficult if you try to do it on your own.Consequences for the Non-Paying ParentAn attorney can help you understand the different avenues that you can pursue in order to receive child support. The absent parent could face fines, jail time, or probation if he or she does not begin making payments on time. In some cases, the state will garnish a parent's wages so that the child support payments are taken out of that person's paycheck directly. The funds could also be taken out of the non-paying parent's taxes or bank account. A non-paying parent could have his or her driver's license suspended or experience seizure of vehicles or homes that are not fully paid for. If necessary, the case can go to court.
Can child support be reduced if the number of overnight visits of the kids are increased?
Depending on state laws, yes. But, frequently the custodial parent will begin blocking access to the children in order to get an increase. see link
Is there any way you can have a family take your child until you have the means to care for your child?
A parent may give temporary custody of a minor child/children w/o using court procedures. Temporary custody is legall defined as three (3) months or less. The parent must supply the attending adult(s) with written authorization (preferably notarized). It should include the date the care is to begin and end, permission for the child/children to be enrolled in school and receive medical care, and the terms of financial support (if any). The parent must keep in contact with the custodial adult and the child/children on a weekly basis, preferably by personal contact, if that is not possible they should call or write at least once a week. The parent should also be certain that the custodial adult knows how to contact them at any time. Even following these guidelines will not ensure that state social services will not intervene, if the situation comes to the attention of authorities. Any time frame longer than three months, will need a legal custodial order from the court of venue.
Can a 17 year old be home alone for a week in Illinois?
It depends upon the situation, if the parents file a missing persons or runaway report, the police will begin looking for the minor. This is done due to the AMBER Alert law, and other laws that have been enacted in the past few years. Authorities have no way of knowing if the minor left of their own free will or has been taken forcibly. In cases where a minor has left on their own and the parents know where he or she is, they can petition the court for a requisition order to have the minor returned to their custody. This does not apply if a minor leaves the custodial parent's home to live with the non-custodial parent; in such a situation the non-custodial must notify the other parent and/or authorities that the minor child is with them.
What does 'committed to the custody' mean?
In criminal proceedings it usually indicates the judge has placed the convicted person in the custody of the department of corrections or a juvenile facility to begin serving the imposed sentence. In civil proceedings it means the judge has placed the minor child in the care of a parent(s) or a legal guardian.
Does the non-custodial parent have to pay child support while the child lives with him for 3 months of the year?
Well actually, it depends. A non-custodial parent can still have liberal, defined visitation and if that parent, say has 3 days a week or every weekend, and their income is vastly lower than the income of the custodial parent then there would be an avenue in many states where that 'non-custodial' parent would be entitled to child support. Again, it would vary on a number of factors including what you mean by non-custodial. If non-custodial includes no physical or legal custody and/or no visitation at all, the avenue seems virtually impossible. However, simply being non-custodial would not be the single defining point. In fact, there wouldn't be a single variable that would determine the answer to this question (particularly as state law were weighed in). Best advice, contact an attorney, many will provide free first consultations.
