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File an order to show cause for full custody. At the same time, prepare pleadings to request the absent parent's (incarcerated for murder) parental rights be terminated. I've seen it happen, I've prepared the documents, so you CAN get his rights terminated. Generally, it is those types of parents whose rights are, and should be terminated. Have a paralegal, or Legal Document Assistant do the work for you if cost is an issue. They are not difficult to do. Best wishes! PF

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Is it best to file multiple contempt charges at once in a child custody against non custodial parent?

Not if they are addressing the same issue.


Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.


Non custidial parenting getting underage child a tattoo can she what rights does the custodial parent have?

It depends on what kind of custody arrangements you have. If you have joint legal custody, you both have to decide together what is best for the children. If you do not want the child to have a tattoo, the non-custodial parent should not allow the child to have it done and you can file contempt charges if they do.


Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.


What happens if the custodial parent does not follow the court order for visitation in Nebraska?

He/she can lose custody all together. The non-custodial parent needs to file a motion for contempt of a court order. If the custodial parent continues to violate the order they could eventually lose custody.

Related Questions

Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.


Can a judge change custody if the custodial parent is in contempt of current orders?

Yes. If the custodial parent is breaking the court orders the judge can give custody to the non custodial parent if he/she is fit.


What if custodial parent leaves child with grandparent?

The non-custodial parent can file for custody.


What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.


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.


When custodial parent dies does noncustodial parent get custody?

Yes, they do.


Who is the custodial parent when custody is fifty percent for each parent?

If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.


If you have joint custody of a child can this child move in with you?

If you have joint custody, there is one parent that is the custodial parent. A child can move in with you if you are the custodial parent or you can file in court to change your status to the custodial parent. The child should want to live with you as well.


Is it best to file multiple contempt charges at once in a child custody against non custodial parent?

Not if they are addressing the same issue.


If the custodial parent kicks the child out of the house what rights do the non-custodial parent have?

They need to file for custody


Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.


Can a custodial parent sign over temporary custody if the non custodial parent is in prison?

No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.