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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.

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10y ago
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14y ago

Of itself, no. As a part of a large case, possibly. see links

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Q: Can a non custodial parent gain custody because of the neglect of the childrens attendance in school?
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Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

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.


What happens if the custodial parent does not follow the court order for visitation in Nebraska?

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.


Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

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.


Im a Non custodial parent in NY State who wants to obtain full custody of my son who lives in Florida due to the custodial parents negligence with his education and health how can I get full custody?

You need an attorney in Florida who specializes in family law.


What are the Indiana laws for an 18 year old who is under full custody of the custodial parent due to a divorce about living with the non-custodial parent?

See links below

Related questions

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.


Who is the custodial parent when custody is fifty percent for each parent?

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.


Can a judge change custody if the custodial parent is in contempt of current orders?

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.


In Pennsylvania can you move out of state with joint custody?

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.


Can the custodial parent change an order for custody of child occurring after custodial parent's death?

No. The court is the only the one that can change a custody order.


What if custodial parent leaves child with grandparent?

The non-custodial parent can file for custody.


If you have sole custody and your ex has physical custody can you keep her?

You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.


If non custodial parent have partial custody do they have to pay child support?

Read your support order. You can't usually be joint custody and non-custodial at the same time.


If the custodial parent kicks the child out of the house what rights do the non-custodial parent have?

They need to file for custody


What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.


If you have joint custody of a child can this child move in with you?

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.


Will a judge take custody away from the custodial parent if they can not financially support their child?

No, that alone is not a reason to terminate custody. The non-custodial parent should be paying child support.