0
Will a non custodial parent get into legal trouble if they let their child live with them because the child refuses to go home to the custodial parent?
Wiki User
∙ 11y ago
yes. once you get the child file for a modification of the final order (divorce, paternity, parental rights) whatever type of case it is. Don't be surprised if the other party changes their mind quickly. The smart thing to do is wait for six months, continue to pay child support or work out an arrangement that you will pay one half of what you would ordinarly pay while you have the child so the other party won't become suspicious, then file the modification, serve it on the other party and you will have the primary custody and the other party will pay support to you and have visitation. Caution; do now or stop paying support abruptly, the other party will snatch the child back quick. If you have an agreement to stop paying child support or modify the amount please file it with the court immediately, otherwise you will be in violation of a Court order. Good Luck
Wiki User
∙ 16y ago
Wiki User
∙ 11y agoYou need to sort it out with the other parent first and then in court. You should be very certain that the child's wish to stay with you is not the result of disagreement with something reasonable the other parent is asking. You are the parent, and while the child's wish is flattering, you have to use good judgement.
Yes, in order for you to avoid "legal trouble" you must have the custody and visitation orders modified. Until they are modified you must follow the court ordered visitation schedule. You cannot allow the child to stay with you in violation of the custody order. Very often a child will naturally want to live with the more permissive parent. You need to make certain this is not the case and try to work out the problems that have led to the child not wanting to return the the custodial parent.
Add your answer:
Earn +20 pts
In Indiana can a 16-year-old move in with a non custodial parent when the custodial parents refuses to let them?
No. The custodial parent has been assigned the responsibility for the child by the court. And until the minor reaches the age of 18, they live where their parent tells them to.
If a non custodial parent takes the child by getting the trust of the custodial parent but refuses to return the child and threaten to take the child out of the country can this warrant an arrest?
There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?
If a non custodial parent refuses to sign passport for your child what are the options?
if a non custodial parent reuses to sign a passport the only option is court. A judge can decide if it is in the best interests of the child to leave the country.
Custodial parent denies Noncustodial parent visitation rights in Mississippi?
Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.
What if the custodial parent does not allow the child to see the non-custodial parent even though the court said she can - does the non-custodial parents still have to pay support?
Child support and visitation rights are two entirely different issues. The terms of visitation should have been determined before divorce proceedings and finalized when the divorce decree was awarded. The court generally prefers the parents reach an amicable agreement for reasonable visitation by the non-custodial parent. If specified days/times have been ordered by the court the custodial parent must allow visitation or risk being in contempt of a court order.
Will a non-custodial parent get into legal trouble if they let their child live with them because the child refuses to go home to the custodial parent?
That parent would be in violation of a court order, so yes, they would be in trouble. The adult makes the decisions, not the child. The child should be put into a car and driven home.
What if custodial parent refuses visitations to the other parent?
see link
Is it custody kidnapping if parent refuses to return child or let other parent come for child?
If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.
In Indiana can a 16-year-old move in with a non custodial parent when the custodial parents refuses to let them?
No. The custodial parent has been assigned the responsibility for the child by the court. And until the minor reaches the age of 18, they live where their parent tells them to.
If a non custodial parent takes the child by getting the trust of the custodial parent but refuses to return the child and threaten to take the child out of the country can this warrant an arrest?
There is a lot missing, such as was the custodial denying access? Also, did the custodial sign the Visa Application for the child?
Can a custodial parent deny a child that has turned 18 visitation to a non custodial parent?
No. The child is now eighteen and he or she can make their own decision although that may cause trouble if the child still lives with the "custodial" parent.
Can the custodial parent stop the back pay you owe in child support?
It depends on the state you live in. Some states allow the custodial parent to opt out of child support. Other states don't give you that option, and will collect the child support even if the custodial parent refuses to accept it.
Can you take your daughter to Texas without getting in trouble with the police?
If you are the custodial parent you can.
What rights does the non custodial parent with joint custody have if refusing to give child back?
Generally, only under circumstances in which there is clear evidence that the child is in an unsafe environment, and has been reported as such. And in that case the parent must file for an emergency order with the court of jurisdiction. It will be followed up by a full hearing within a couple of weeks.
If a non custodial parent refuses to sign passport for your child what are the options?
if a non custodial parent reuses to sign a passport the only option is court. A judge can decide if it is in the best interests of the child to leave the country.
Can you get in trouble if your 12 year old does not go home to her mother?
I assume this is a case of the child being with the non-custodial parent and not wanting to go back to the custodial's parent when visitation is over? IF so, and if you're in the US...absolutely you can get in trouble for that.
Can non custodial parent petition for cessation child support when child refuses any contact whatsoever?
No. The child is well within his/her rights to choose not to see the non-custodial parent. However, the non-custodial parent still contributed to that child being born, and is therefore required to help provide for him/her.
