Custodial rights in any US state depends largely on the individual circumstances surrounding a dispute and the judge's interpretation of such. Generally the main contributing factors in the decision are. the ages of the children involved, the extent the non custodial parent and other relatives (grandparents, etc.) are currently involved with the children, the purpose of the relocation, and the plans for transportation of the children for visitation purposes. There are no certainties in such situtation. But a move when it pertains to the parent retaining their employment status does carry a considerable amount of weight in the matter.
You can move, just don't take the child away from the father. Regardless of laws or a court order. he can still file a motion on injunction ordering a return of the child to the jurisdiction. Get it all settled before leaving. See below a sample order for long distance visitation.
Yes..by all means yes they can. If the custodial parent no longer wants child support from non-custodial parent the custodial parent must petition the court to end the order. The order must be signed by a judge. However ended the support will zero out any late payments also.
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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.
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.
On the tribal basis, with a chief, then warriors etc.
No, but beyond 30 days, and provided it's not during a summer extended visitation, a motion for a change of custody can be filed.
There are instances where the parties have agreed to vary the amounts during longer visitation periods such as summer break and extended vacations since the day-to-day expenses such as food and entertainment will shift from the custodial parent to the non-custodial parent during these visits.
The mother can if she's not collecting Welfare. In states like Missouri, if being denied visitation, the father can file to have child support put on hold. It also can be stopped after 30 days of extended visitation.
There are instances where the parties have agreed to vary the amounts during longer visitation periods such as summer break and extended vacations since the day-to-day expenses such as food and entertainment will shift from the custodial parent to the non-custodial parent during these visits.
Yes..by all means yes they can. If the custodial parent no longer wants child support from non-custodial parent the custodial parent must petition the court to end the order. The order must be signed by a judge. However ended the support will zero out any late payments also.
It depends on whether you mean permanently or simply for a vacation. First, you cannot violate a visitation order without the consent of the non-custodial parent, preferably in writing. You do not require the court's or non-custodial parent's permission to leave the state for a vacation but the non-custodial parent should be notified and visitation time should be made up if missed. You do need the non-custodial parent's consent to leave the country for even a short vacation. In fact, you would encounter problems leaving the country, entering another country and returning without an official consent. You cannot leave either state or country permanently or for an extended period without the consent of the non-custodial parent and a modification of court orders. Doing so could result in your losing custody.
Generally, no. If the non-custodial parent chooses to move out of state their decision to move cannot result in expense for the custodial parent unless an agreement to that effect is made between the parties.If the custodial parent moves out of state resulting in expense for the non-custodial parent the court will often order some sort of reimbursement as part of the modification of the visitation order when the NC parent consents and the court approves the move.
If longer than 30 days, outside a normal extended visitation.
Yes, but the ability to should be clearly stated to avoid problems. Frequently a custodial parent, to create problems, knowing the other parent plans a trip during an extended visitation, will file a last minute injunction claiming they are moving away.
The admission of California into the Union. It extended too far either side of the Missouri line to satisfy either side.
The Missouri Compromise was nullified by the new Compromise of 1850 - caused by the admission of California, which extended a long way on either side of the Missouri line, and rendered it obsolete.
extended family