Being charged with neglect means there has not yet been a final determination. If the custodial parent is found guilty of child neglect the court can terminate their custody. Child neglect is an element of child endangerment and is one of the factors a court considers to find a parent unfit. Unless the non-custodial parent has also been determined to be an unfit parent they would be the next choice to whom the court would award legal custody.
The non-custodial parent should consult with an attorney who specializes in custody issues as soon as possible. The attorney can review the situation and explain the options and how to proceed.
See related question.
Of itself, no. As a part of a large case, possibly. see links
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.
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.
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.
You need an attorney in Florida who specializes in family law.
See links below
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.
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.
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.
Joint custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are "custodial parents" and neither parent is a non-custodial parents, or in other words the child has two custodial parents.
No. The court is the only the one that can change a custody order.
The non-custodial parent can file for custody.
You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.
Read your support order. You can't usually be joint custody and non-custodial at the same time.
They need to file for custody
The custodial parent is the parent with custody/guardianship of the child.
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.
No, that alone is not a reason to terminate custody. The non-custodial parent should be paying child support.