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Custody
A person having custody of a child exercises exclusive parental authority and responsibility over the child’s physical provisions, moral and emotional health, medical treatment, discipline, religion, property, control, and place of residence.
8,869 Questions
Can a non-custodial parent prevent the custodial parent from moving?
Generally yes. If the custodial parent moves away from the non-custodial parent, the custodial parent is ordered to make up the extra travel costs the non-custodial parent must now pay.
The principle gives freedom to move, but discourages long-distance moves. In particular it discourages moves that are designed to deny access to the non-custodial parent.
Yes, in some cases and it's up to the courts. For instance: If the mother of the child was pregnant and didn't tell you and you just found out and want to get to know your child and support that child, then the courts will probably move in your favor. However, if you just didn't feel you had any responsibility towards your child and moved on with your life the courts won't look too kindly on you and you WILL have to pay child support as you should. Marcy
Once custody has been determined by a court it would take another court order to change that arrangement. The court may listen to a child's request to change custody but it is under no obligation to modify the custody order at the child's request. The court would be looking for an appropriate reason to order a change in custody such as the custodial parent being unfit and the change being in the best interest of the child.
A child is free to decide which parent to live with in every state once they have reached eighteen years of age.
Yes. * Maybe. The relative would have to request an investigation from the department of children and family services in the state where the child resides. If the investigation warrants the child being removed from the family home the relative can then petition the court for guardianship rights.
Can i file charges against non custodial parent for taking child out of state?
You can but I don't believe it will get you anywhere. It would be nice if plans were told to you for this outing. I have taken my daughter out of state for the day going to KC Worlds of Fun. My ex was none too pleased when she was told about this and that I should have mentioned my plans to her as she ultimately is responsible for my daughter as the custodial parent. If the Non-Custodial parent takes the child out of state without bringing the child back this is kidnapping and by all means press charges. To have a crime commited one must break the law, if a divorce decree states that the non-custodial parent can not take the child across state lines then they are at fault. Besides this there is no fault as long as the non-custodial follows the visitation schedule as in the decree. If you have no decree certain papers should be drawn up dictating the allowances of the visitation and the non-custodial parent will have to answer this petition. You have to protect yourself get a lawyer and get it in front of a Judge that's the only way you will have any legal standing when it comes to this matter. Do not use words in the decree such as reasonable as this gives to much leeway.(Such as reasonable time). This word in the decree will open up too much discussion, trust me I know.
Yes they can. Depending on what state you are in, the legal age has changed from 18 to 17. 17 year olds are considered an adult in Georgia. Not sure of any other state, then they can do what they want. Not in the sense that the police can come and take the minor into custody and return them to the custodial parent. Before action can be taken the custodial parent will either need to file a report with the police that the child is a victim of parental abduction (it is not relevant if the child went willingly). Or the custodial parent will have to file a petition with the court to have the child returned to their custody, in which case the other parent will likely be charged with a contempt of a court order. In regards to Georgia amending the age of majority law to seventeen, that is not quite correct. Georgia has taken the same action that several states have, in that they have amended the juvenile code to designate a seventeen years old as an "adult". This gives the court the power to have said "adult" adjudicated on the same level for most criminal infractions. It also gives the court the power to grant early emancipation rights to those individuals who meet the specified criteria. Therefore, the actual legal age of majority still remains at eighteen (18).
That will be a matter for the court to decide. There are serious issues that need to be addressed, the least of which is the validity of child support payments. However, the parent who is under an child support order must continue to pay until the court modifies or dismisses the order. The legal avenue is, for the father of the fifteen year old to file a petition to have the support order amended. The facts of the situation will be brought to the attention of the court and there could be some serious consequences relating to the circumstances.
Can an unwed mother deny visitation to the father in Missouri?
In Missouri an unwed mother has all the rights to the child until paternity is established. However, she also has all the responsibility. That means that she cannot ask for child support either, until paternity is established. She can deny visitation, but she can't get support. Once the father establishes paternity he can asks for the same rights and responsibilities as a married parent. If mom won't help dad establish paternity, he can go to the child support agency and ask them to help him establish paternity.
If you live in the US (and without knowing the state) generally speaking, adoptive or biological is irrelevant. If there's a will and the child is not named, the child gets nothing, unless they can successfully contest the legality of the will (which takes a strong case).
What percent should a noncustodial parent pay in child support In Florida?
That is a huge catagory. A couple concepts are that both parents are generally expected to work full time, if able and unless this conflicts with child care, and provide financially for children. Waiving of child support is very difficult, because it is the right of the child. Generally there is a Income Deduction Order. Generally, if the paying parent has more than 40% of overnights, the child support is drastically effected.
Can a 13 year old choose to live with a non relative in Michigan?
Can you choose to move with a friend at 16 in Michigan?
How old can a child be to decide what parent to live with in Maryland?
I believe the laws are in every state that you can leave home at 17.only if you are pregnant,or already have a child.some states consider you as an adult at that time.but check the laws in your state to be exact.I'm pretty sure I'm right.
Unless you have a divorce agreement which specifically states that you cannot move to a different location without the consent of the other parent, then yes, you are free to move.
Once a person adopts a child, they are now the 'parent' or owner of the child. The biological parents would no longer be financially responsible. though both of the biological parents would have to sign the proper adoption documents for this to happen.
Can a father with no legal custody have to consent to mother leaving state with child?
- If there is joint custody of the child then the father should be told by the mother where she is going with the child and for how long. If the mother wants to live in another State the courts will have to decide visitation rights. Example: The father has may have the child one or two weeks during the summer; possibly Christmas or alternative Christmas', etc. If the father does not have joint custody then the mother can leave with the child to another State without his permission, but to be fair to the child the father should be informed unless the father has a criminal record; drugs, etc., and is an unfit father.
take her court and get visitation rights.
if there is already an order for visitaion make sure you mark it on a calander time and .then take her for contempt and she can loose custody for withholding...otherwise w/ no visitation schedule not alot at this time...unless you were awarded vistiation w/ no specfic times ect then you can still hold her in contempt
Does moving to another state excuse a parent from paying child support?
Regardless of what state your child lives in, yes you are required to pay support, the case will become an interstate case. You will send the support payment to the state in which the child resides and the money will be disbursed accordingly.
stacie amember of familyshe pregnant does want child for financial reasons but as famil,y member i will be getting the baby n mine n husband name will be on birth certificate.Is there anything else that needs to be done
When a child goes to college do you still have to pay child support in Florida?
In the state of Florida, child support can end when the child reaches the age of emancipation, which is 18 years old in Florida, unless the child support order indicates otherwise.
You should check your child support order if there is a statement indicating when support payments end. Check with the Clerk of Courts in the county where the child support order was entered to get a copy of your support order.
You can have your child support payments terminated by applying with the Florida DOR or by court order through the modification process.
Resources:
Florida Clerks of Courts
http://www.flclerks.com/directory.html
Florida Department of Revenue
http://dor.myflorida.com/dor/childsupport/
Modifying Child Support in Florida
http://www.florida-court-forms.net/florida-child-support.html
A person who does not file a tax return is eventually audited and then contacted by the IRS and state tax agents.
The willful failure to pay one's taxes is a federal felony.
In some instances the IRS will file the non compliant person's taxes for them based on previous filings and then bill the person for failing to file income tax returns and pay any income taxes that may have been due plus interest and penalties.
In most such case refunds are non existent.
What is the net gain? Either way, that parent gains nothing financially as there is no return. The money remains in government coffers.
What is the age that a child can choose which parent they live with in U.K?
There is no law on the age, several years ago I done a runner with my two daughters as I found out my ex wife was on drugs, she took me to court to try and get custody back but she did not win, something that went greatly in my favour was that my kids told the court barristers that they wanted to live with me and not their mother, they were 9 and 10 years old at the time.
They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.
They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.
They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.
They can for a vacation. They cannot move permanently without authority from the court. The other parent still has parental rights and visitation rights. The court has jurisdiction. The custodial parent needs the non-custodial's parent's consent to move the child out of state as well as a court approval through a modification of the visitation order. The custodial parent cannot interfere with the non-custodial parents access to the child.
If you and your husband have a good understanding of what is best for your child and you are only going out of the country for a short time, then a letter of approval would be great from your ex. It is always best to go through a lawyer and be sure because if you don't get along with your husband on the custody issues presently enacted and you do leave the country your husband has a lot of power to take you to court and gain full custody of your child. Taking a child (even your own) out of the country is considered kidnapping if the other parent has any parental rights! It's the judge that made the decision on the custody basis and it should be the judge that gives the OK on you leaving the country with your child. You always want to protect yourself against any reprisals from your ex. Say you had to go away to see family (emergency) and would be in another State or Country for a month or two. If you don't go through the proper process your ex could file contempt or kidnapping charges against you.
Since you have joint custody and he has a court order to see and have the child you are making it impossible for the court order to work if you take the child to another country so you therefor need his permission.
Upon arriving in a foreign country, the Immigration officials will ask for written proof that BOTH parents consent to the child being removed from the USA. No proof, you are on the next plane back to the USA. And if your child happens to have a different surname than yourself, even a travel consent letter of the other parent could be questioned. This could turn very nasty and bitter really quickly. Get the Father's permission first, before doing anything. It would make everything much easier in the future. Just something to think about.
AnswerNo. The advice is the same for either a mother or father traveling alone with a child. If you are traveling alone with your child you should be aware that concerns about parental abductions has made border officials more vigilant when they find a child traveling alone with one parent. You should be prepared to produce documentation such as a letter of authorization or travel consent signed by the other parent. In some countries you may not be asked for it. In others, you will be detained until your authorization can be reviewed by officials. The child may even be questioned about the other parent. You should also note that you may have trouble re-entering the country of origin. In the US a passport application requires the signatures, or a notarized permission letter, of both parents to take a minor child out of the country.
You should consult an attorney to have the proper documentation prepared.
Can i live with my mom even though my dad doesnt want me to. i am 16 and live in California?
You are required to live with the parent that your custody decree awarded custody to. It doesn't matter what you want. If your dad has custody and you run away to live with your mom instead, it's even possible your mom could go to jail for this.
If you think you can convince a court that it's in your best interest to modify the custody decree and award your mother custody instead, then you can always get a lawyer to petition the court to revise the custody decree.
Can the son's paternal grandparents take him from his mother?
Need more info in order to to answer. Taken by who? For what reason? Where is the father in all this? In what part, if any, do the PATERNAL grandparents enter into this?
In most states, grandparent's rights are based through the parent's rights. If a parent's rights are terminated, then the grandparent's rights are also lost. Sad, but true.
