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If granted full custody can a parent immediately take the child out of state to where that parent resides?
Wiki User
∙ 8y ago
This depends on the state. I know in CA, NV, TX, UT for a fact (and most other states are the same way). You can NOT take a child out of state regardless if you have full custody or not. I have always had full custody of my daughter and her father was not in her life. I still could not move out of state without written consent by him or a judge's order. Although, it is VERY simple to get an order to move out of state. You only hav eto prove that it is in the child's best interest, which is simple to do. Make sure you are not doing this to spite the other parent. Let me know if you need more information. Good Luck.
Wiki User
∙ 8y ago
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Can a noncustodial parent take a child out of the state of Ohio to the state of Michigan and be legally granted full custody of a child without the custodial parent being notified?
No, and you would be breaking a ton of laws as you have to get custody rights first, and have the other parent either stripped of their rights or they have denounced their rights. Otherwise, a judge is definitely going to send you to jail for kidnapping and will just as likely deny any appeal for custody.
What is the difference between sole custody and joint custody?
Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, etc.) concerning the child. Sole custody does not mean the non custodial parent can be denied the rights of parental visitation. • In my case, I have primary custody AND sole legal cstody. Being primary custody gives the father the right to make a decision in the event of an emergency, but that's about it. It basically means the father can see the child and take hher out of my home. But, because I have sole legal, he cannot make any decisions concerning anything religious, medical, educational, etc. Having sole legal gives me the right to get her a passport without his permission as well! Sole/Primary/Joint custody essentially just determines where the child lives and who the main care-taker is. It is "legal custody" that determines the right to make decisions.
What would be the benefit of a father having sole custody of a child in another state?
Sole custodial rights are only granted to the parent with whom the child will reside.
If One parent has full custody but child wants to live with noncustodial parent?
They recently changed the laws of custody, No one parent has full custody UNLESS they see the other parent as unstable and unfit. If the parent you want to live with has been deemed unfit as a parent then it will have to be taken to court or you can contact certain child organizations to give you more details about how to leave your current home and return to the home of an "unfit parent" However if one parent obtained full custody of the child and the other parent was not deemed unfit as a parent, you may still live with them because of the recent change in custody laws, stating no one parent can have full or primary custody. (in other words, if your mom has full custody and your dad has none ((Also assuming the father hasn't been charged with being a drug addict, alcoholic, or financially unstable etc.)) you may live with the father)
If you have joint custody can your teenager live with either parent?
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
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.
What rights does a parent with sole custody have?
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.
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
How do I gain custody of a minor from biological parent?
Non-parent custody is granted only under certain circumstances and through specific procedures. The rules vary by state, generally you must follow specific court procedures and provide clear proof that harm will come to the child if the non-parent custody is not granted. It is best to consult an attorney.
Is primary physical custody the same as sole custody?
They are two terms used interchangeably that essentially mean the same thing. Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sometimes a parent may have primary physical custody but the other parent may have legal custody, meaning one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." This parent can make all decisions without seeking in put from the other parent.
Can a parent get custody of the child if the other parent is in the process of getting own place?
Temporary custody yes, if the other parent, who's moving, has been granted permanent custody but has no place to live at the moment. If you are married and can't agree on custody you have to go to court and let the judge decide.
If one parent has primary custody and the other parent has visitation which one is the custodial parent?
The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.
What right does a parent with no custody have over you?
Whatever rights are granted by the custody order. If the custody order specifies "visitation", then you have to visit. It's not an "if you want to" thing, it's a "have to" thing.
How can you get an emergency custody granted when there is a court order involve and the primary custody parent is abusive in Pennsylvania?
Through a preponderance of the evidence presented to the judge
What happens if the other parent does not file an opposition in a child custody case?
The parent who filed for custody is usually granted it, unless the judge feels it would be in the best interests of the child to rule otherwise.
If you are granted full custody of a child does the noncustodial parent still pay child support in NJ?
yes
If you sue for full custody of a child does the noncustodial parent still pay child support in New York?
Yes, being granted full custody does not relieve the other parent of their financial obligations to the child(ren).
