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If you have joint custody on paper and one parent hardly sees the kids can you file for child support custody?
Wiki User
∙ 8y ago
Probably not, I tried. For more information see CA Family Law Code 7822 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7820-7829
If you want the Case Law - send me an email - www.steveshorr.com
7822. (a) A proceeding under this part may be brought where the child has been left without provision for the child's identification by the child's parent or parents or by others or has been left by both parents or the sole parent in the care and custody of another for a period of six months or by one parent in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child. (b) The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents. (c) If the child has been left without provision for the child's identification and the whereabouts of the parents are unknown, a petition may be filed after the 120th day following the discovery of the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child. (d) If the parent has placed the child for adoption and has not refused to give the required consent to adoption, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption and has refused to give the required consent to adoption but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child.
Wiki User
∙ 8y ago
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How does joint custody affect child support in Nebraska?
The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.
Should a father ask for child support first?
The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.
Do child support papers have anything to do with custody?
Generally no, though there is a presumption of primary residential custody for the obligee parent. In states like California, the amount of time the obligor parent has the child affects the amount of child support ordered.ClarificationChild support orders and custody orders are separate. Generally, the parent who pays child support pays it to the custodial parent.
What constitutes custodial parent in reference to child support?
The custodial parent is the parent with custody/guardianship of the child.
Do temporary child support and temporary custody mean the same thing?
No. Custody means the child lives with you. Support means you are paying the parent who has custody.
Is a single parent with joint custody entitled to child support if the other parent is married and that income is much higher?
Generally, the parent with the greater amount of physical custody is entitled to child support.
Can a relative file a child support for the absence of the mother?
The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.
If a father was receiving child support in Texas and the child chooses to live with the other parent do you have to pay the other parent child support?
If the arrangement is with the consent of the custodial parent and will be permanent then the custody and child support orders must be modified to reflect the change in legal custody. The parent in Texas needs to have their custody formalized by a court order so they can enroll the child in school, consent to medical treatment, etc. If the child support order is not modified the non-custodial parent may be subject to the accumulation of child support arrears.
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.
Sole custody and child support?
Sole custody is when only 1 parent has the right to choose where their child goes to school, which doctor they see, and what religion they partake in. Child support is the money that the non-custodial parent will pay to help support the child.
What can you do if you know a parent receiving child support but doesn't have custody of the children?
Encourage the person or persons with legal custody to file for child support modification or diversion of funds to them. If they do not have legal custody, that must be established or child support will continue to go to the person of record, the parent, in this case.
Will you receive more child support with sole custody as opposed to joint custody?
You may since sole custody implies the child lives with that parent 100% of the time. With joint custody the child may dwell with the other parent for part of the time or with one parent all of the time with visitations for the other parent. It depends on the details and the state child support guidelines.
