I'm not sure what state you are in, but in Utah a non custodial parent may NOT claim the child if they are not current on child support. You need to check your individual state. I'm thinking the custodial parent could claim the child if the non custodial parent isn't able to. I don't see why they would allow the exemption to go to waste. It's not like your taking it away from him, just using it because NCP can't.
When can a minor decide which parent they want to live with in the state of WI?
It is a misconception that a minor can choose with which parent they want to live, regardless of the state in which you live. Even if the child is in their teens, it is the judge who decides. However, during a custody case, the judge will often ask the child which parent they want to live with, and why. But the final decision is still up to the judge after both parents (with their attorneys) present their case in court.
What is a good cause to give up parental rights?
The good reasons are if they are taking drugs, alcohol or are sexually abusive to the children.
What does a father do to get parental rights?
A biological father who was married to the mother has specific parental rights unless a court has ruled otherwise . If there is a question/disagreement as to custody, visitation, support, etc. the parent wishing to establish the criteria should file suit in the family court in the state and county where the minor child currently resides. If the couple were not married the law presumes the mother to be the sole custodian of the minor child. If the mother refuses to allow the father his parental rights the father must first establish paternity and then file a lawsuit to attempt to obtain custodial and/or visitation rights if he that is his wish.
Is it child abandonment when a non custodial parent hasn't seen child in almost a year?
There are a few states that have laws which pertain directly to the designation of parental abandonment. The majority of states make such rulings on the individual case circumstances. There is a great deal of difference in abandonment by a parent who is absent from the child's life and the criminal abandonment of a minor child. Having said that, any parent who does not pay child support in accordance with the terms stated in the court order is guilty of a criminal offense and is subject to arrest and incarceration. In addition, said person can have property seized and sold by the court for restitution of the non-support compliance.
How can you prove a father to be unfit?
I would think you would need to prove it in court. Whatever area you think they are unfit, you will need physical proof, not just hearsay, for example: drug addiction, mental illness, sexual abuse, neglect or abandonment. I would talk to your local Social Services and ask them what steps need to be taken.
What age in state of md. can a child decide which parent to live with?
Only the state of Texas has that specific law. But, even it has limitations. The basic rule is that a child over age 12 can speak tell the judge their choice. The judge determines the validity of their view. see links
Can an illegal immegrant get joint custody?
yes,he can even get full custody if you can be proven unfit.
How often can you go back to court for more child support?
As often as is warranted as long as it does not constitute harassment which is defined by the laws of the state where the order of support was granted. The general rule is not more then twice within 18 months unless there are unusual circumstances, for instance if the obligated parent won the lottery or came into a large amount of money via an inheiritance.
What is the legal age of a child to make a decision in court?
Eighteen. In the later teens the court can listen to what you want and they might agree.
Do minor parents of a child pay child support?
If the minor father has no means of paying child support, then yes his parents could be responsible for that.
Answer2: Sadly the parents could be on the hook especially if the minor child lives with them and has no way to support a baby. Best thing you can do is try to meet with the other grandparents and see what can be done as well as make a visit to Social Services to see what benefits the child may be eligible for.
How does a dad get custody of child if not on birth certificate?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can a grandparent take a grandchild out of state without noncustodial permission?
No.
In the strict legal sense a grandparent (or anyone) cannot take a minor child anywhere without permission from the custodial parent(s) or guardian.
Does a custodial parent have to notify non custodial parent of child's change of address?
Without knowing your state, it is impossible to say. The baseline rule is probably "no," but there actually are a lot of situations where a non-custodial parent might be forced to provide his or her address to the custodial parent. The example that pops to mind is for the enforcement of a child support order, the state may require the non-custodial parent to disclose their address, either directly to the custodial parent or through a state agency.
Another PerspectiveThis is a serious issue. For safety reasons the custodial parent has the right to know where the child will be during visitations. They have the right to have a contact number and address. A refusal by the NC parent to provide their address is cause for concern and may place the child at risk in an emergency.
Suppose the child was not returned from a visit, the authorities were called in and when asked where the child had been visiting the custodial parent had to answer, "I don't know". Wanting to keep that type of information secret implies a problem that could become more serious in light of custody disputes and parental kidnapping. Courts do not assist such adversarial behavior between parents. If there is a reason to keep the address secret it would be arranged through a court order.
Most separation agreements and court orders contain a provision requiring that both parents keep the other informed of new addresses, and both parents to keep the other informed as to where the child is. If there is no existing order to that affect then you should get one. The custodial parent could file a motion asking the judge to immediately order the other parent to give you, in writing, the address where he is taking the child and a permanent order to continually update that information within two weeks as necessary.
No, you don't have to since the child(ren) do not live with you. However, if the non-custodial parent has visitation rights, then, same parent is entitled to know the other parent's address, phone, etc.
Suppose the child was not returned from a visit, the authorities were called in and when asked where the child had been visiting the custodial parent had to answer, "I don't know". Wanting to keep that type of information secret implies a problem that could become more serious in light of custody disputes and parental kidnapping. Courts do not assist such adversarial behavior between parents. If there is a reason to keep the address secret it would be arranged through a court order.
Most separation agreements and court orders contain a provision requiring that both parents keep the other informed of new addresses, and both parents to keep the other informed as to where the child is. If there is no existing order to that affect then you should get one. The custodial parent could file a motion asking the judge to immediately order the other parent to give you, in writing, the address where he is taking the child and a permanent order to continually update that information within two weeks as necessary.
Can a child change visitation rights?
No, but the child can make their wishes known to the court (procedure depends on where the child lives) and custody may be modified based on the same if the child provides a valid and compelling reason why such a modification should be granted.
Can someone get emergency custody of a 16 year old childif they are not related to the child?
Only by court order. Whether or not such a petition may be granted depends on state law and whether or not the other parent has rights.
In Louisiana can your new spouses income increase child support?
Stepparents are not responsible for their stepchildren. Spouses are not responsible for their spouse's child(ren). However, to collect unpaid support, the State may place liens on real and personal property, including bank accounts, owned by the obligor, even though the spouse is a joint owner.
Does a father in Arizona have to pay child support if the mother doesnt want him to?
He needs to, but he could take that money he would pay and put it in an account for the child to help pay for college someday. When the child asks "why didn't daddy help?" He can say "I wanted to, but your mother didn't let me so I saved it for you." ---- the problem with not paying, and through the courts, at any time, she can file a retroactive child support order on you. When she does, it will be based on your two year average income at the time, and not what you're earning now. See related link.
How can you tell your dad you want to live with your mom I'm twelve so can I choose?
This happened to me once. Tell your dad that you love them both equally, but you feel your mom will need you more than he will. and let him know that you want to see, talk, or spend time with him anytime you can.
What happens to the custodial parent if the child refuses to visit the noncustodial parent in Texas?
The child can't refuse, they are too young to decide for themselves. It's the parents job to make them go and the custodial parent have to follow the court order. If not he/she will get into legal trouble because they will be reported to the court for not following the courts orders. It's better to work together even if you don't get along as parents because getting picked up by the police and taken from the home to the other one is unnecessary and traumatic for the child. As responsible adults you can prevent this and follow the agreement.
Do i still pay child support in the state of Georgia when your child goes to college?
unless the court has ordered you pay throughout the childs college (which can age from 21-24) it ceases on the child's 18th birthday, however, if you owe backpay your obligation does not cease until that backpay is met in full regardless of the childs age
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.
How old does a child have to be in NM to choose which parent they want to live with?
Nevada as all other states do not allow a minor child to choose which parent they want to live with. The judge may or may not speak with the child to determine how he or she feels about certain matters, such as school neighborhood, friends, etc. Judges always base custodial decisions on what is in the child's best interest and nothing else.
Can a man get a legal DNA test without mothers consent?
Absolutely! Testing can be done privately in the comfort of your home. Results are returned in five to seven days. You can get a standard test that will answer your paternity question.
The father can also request a DNA test through the family court that can be used to establish his paternity legally.
Yes. As long as the father has joint custody of the child if not he needs consent from the child's legal guardian.
If you are being asked to provide maintenance (ie have been nominated as the child's father) and you have doubts that the child is yours and have been taken to court, you could also ask the court to prove you are the father.
Can you share joint custody with a family member?
No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.
No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.
No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.
No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.