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No they can not. The key here is the "custodial parent" . You may be able to go to court. But if you keep the child and you are not the custodial parent and there is a court order saying the other parent is the custodial parent, all that person has to do is call the police, and the non custodial parent would have to give up the child.

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16y ago
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11y ago

No, that would be violating the court order. The child is a minor and is not allowed to decide and the custodial parent must follow the court order. Any changes in visitation, custody or child support must be made through the court that issued the original order.

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11y ago

Absolutely. In some states, the non-custodial parent could be charged with kidnapping, a class A felony in all states, or a host of lesser charges. It's never a good idea to go against a court ordered custody decree. A more intelligent way of approaching it would be to petition the court for a custody modification.

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12y ago

Only if specifically addressed in a court order.

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Q: Can the custodial parent keep the child from the non custodial parent if the child does not want to go?
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Does a non-custodial parent have to inform the custodial parent about their change of address?

they only have to inform the custodial parent of the change of address if they still wish to contact the childAnswerIf they want to stay in contact with that person or the child or if you are having to pay a certain amount for the child then yes of course otherwise it is up to your own discretion


16 year old teenager does not want to visit non-custodial parent during visitation what can custodial parent do?

Teach the child to respect the authority of the court. Teenagers do not want to be required to do anything with a parent. It's the job of the parent to remind them that family comes first.


If you are a non-custodial parent living with the custodial parent as well as your child for about a year now do you have any rights in regards of child support?

I take it you want to terminate your child support, and you should be able to do so. However, you will need to go to court to get this done.


CAN custodial parent prohibit child from using cell phone purchased vy non-custodial parent?

Yes You have the authority to take away any gift to the child by the other parent, but consider how that would be viewed by the courts. I assume you want to limit the child talking to the other parent?


How can you prevent the non-custodial parent from collecting the child's social security survivor benefites if the custodial parent dies?

To be sure I understand your question, let's say, for example, you have custody of your child, and you want to know if you die can you keep your ex from receiving Social Security suvivor benefits. Do I understand it right? If so, then NO, you cannot prevent the child's other parent from receiving SS benefits. If you have custody, I assume the other parent is paying child support. If not, you need to taket him or her to court and sue for it. If s/he is paying child support, then that's good. If you are concerend that if you die the other parent would squander the money at the expense of your child (neglect, etc.) then you need to talk to an attorney to see what can be done. But this will be a tough one since it is customary for the surviving parent to receive SS benefits for the minor child if the custodial parent dies.

Related questions

Is non custodial parent legally bound to tell custodial parent where the child is?

Yes! Why would you want to keep that from the "custodial parent" anyway?


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.


If custodial parent doesnt want child support does non custodial parent lose parental rights?

no


Does a non-custodial parent have to inform the custodial parent about their change of address?

they only have to inform the custodial parent of the change of address if they still wish to contact the childAnswerIf they want to stay in contact with that person or the child or if you are having to pay a certain amount for the child then yes of course otherwise it is up to your own discretion


Minor child has a passport non-custodial parent with shared legal rights does not want child to leave the country Can non-custodial parent stop the child from leaving?

my sister has full custody of her daughter, however, the father has visitation rights. He calims that as the non custodial parent there's a law that states that he should be the parent to keep her passport under his possession. Can you please confirm if that is accurate.


If the custodial parent does not want child support can the minor child file for the support themselves?

== ==


Can a Custodial parent get full-Legal custody if the non-custodial parent has not seen his child in 3 years?

This will depend on many factors. If you already have a court order, then you will want to have it changed, in addition, it will depend on why the non-custodial parent has not contacted the child, and even the age of the child.


Is parental rights canceled if custodial parent doesnt want child support?

no


What is the age limit in Indiana when a child does not want to go with he non custodial parent?

Eighteen.


Do you have to give up custody of your child if your child transfers school?

Well, this is actually a little complicated to answer since the question is a little to vague. So let me see if I can break this down: Let's talk about the long shot scenario: You are the custodial parent and you want your child to attend school in the same school district as the non-custodial parent; you are now going to have your child move in with the non-custodial parent so they can attend said school. So, the answer would be yes, you will have to give up primary custody of your child in order for them to live in the non-custodial parents home. This is what could happen: a. Adjust custody order to reflect joint custody; have visitation rights. Just understand that whoever has more "nights" with the child each year will be considered the custodial parent. As a non-custodial parent, you could be obligated to pay child support. b. Adjust custody order to reflect that non-custodial parent will have primary custody of your child. They will now be the custodial parent and you, as a non-custodial parent, may be obligated to provide child support. Easy scenario: You just want to move to a new school district, and as the custodial parent your child naturally moves with you. Then, no, you do not have to give up custody of your child. What you must do is provide the non-custodial parent with your change of address as well as a new home phone number if it changes.


What age doeS a child Have to be to be able to say he doesn't want to visit on custodial parent in California?

When he is 18.


16 year old teenager does not want to visit non-custodial parent during visitation what can custodial parent do?

Teach the child to respect the authority of the court. Teenagers do not want to be required to do anything with a parent. It's the job of the parent to remind them that family comes first.