Custodial Parent

Question: custodial parent? I am the custodial parent of my child per child suppport enforcement. Is being appointed custodial parent by a family court for child support the same as if i went to court just for the purpose of child custody.

Answer: Yes you are the parent. You are the only one that take care of that kid. "Mek de bwoy go screw imself". Hahahahahahahahahaha. Vote me best answer so i can get 10 points.

Question: Can the custodial parent determine who the child sees during the non-custodial parents time? The custodial parent in this case does not want the child to be around or see the non-custodial parents brother. This is not an issue of abuse, drugs or well anything of any negative nature. It is the fact that the custodial parent just simply does not like the brother. The custodial parent is now refusing to give up the children on the scheduled times to the non-custodial parent unless they do not see the brother. I am 100% certain he can not do this, agree?

Answer: Agreed!! The custodial parent will be taken to court and will be forced to give up the kids on the scheduled times. During those times, the other parent can do anything with anyone with the kids and the custodial can't say anything unless there's abuse, etc.

Question: Can the custodial parent request for the child support to be decreased? The non-custodial parent pays 400.00 a month for child support, however the custodial parent says they do not need that much money per month. Can the custodial parent sign something or call child support to let them know exactly how much they need to receive from the non-custodial parent on a monthly basis? Or do we have to go for the reduction through the courts? Just wondering the easiest and fastest way to handle this. We all live in FL. They were never married to eachother, but are now both married to others. Thanks for everyones response...every litle bit helps!

Answer: You can mediate an agreement using a Certified Mediator, not one of your attorneys, than register the agreement with the court. http://wiki.answers.com/Q/Mediation_-_Us… http://dads-house.org/ \\\\\\\\\\\\\\\\\\\\\

Question: What if the child refuses to visit the non custodial parent? A 15 year old has been alienated from the non custodial parent by the custodial parent nd manipulated that the non custodial parent is "bad" or not "good enough" and what not (false). Either way. There is joint legal custody. Now the child refuses to visit the other parent. The legal papers set a visitation schedule. What what are the legal consequences for the non custodial parent if the child refuses suddenly to visit the non custodial parent My feeling it's a setup.

Answer: Take it back to the judge and bring the 15 year old for their opinion

Question: Can a non custodial step parent get visitation rights when the biological non custodial parent is deployed? Can a non custodial step parent get visitation rights with a child when the non custodial biological parent gets deployed? Also if they share a child together can the step parent use that sibling as an excuse to see the child and have visitation rights?

Answer: It is certainly possible and in some states it may even be your automatic right to continue visitation as already ordered. This is an area of the law that has a wide gap among states, with some having nothing definitive on the subject, and others with very clear and distinct laws. If the custodial parent objects, you will have to file in court to seek to modify the visitation order to specifically require visitation with the step-parent. The court will be most likely to do so if 1) there are siblings with the step-parent; 2) the non-custodial parent has been exercising visitation regularly until now; and 3) the child has a substantial relationship with the step-parent.

Question: Can the custodial parent take a child our of the country without permission from the non-custodial parent? My daughter is 15 years old and has a passport. The passport was applied for without documentation for the non-custodail parent. We are planning a vacation to Mexico in 2009, however with the security at such high levels I'm affraid we will be unable to get through security at the airport. One additional detail to mention is that I am the only parent listed on my daughter birth certificate. Please also note my daughter has not had any contact with the non-custodial parent. Your feedback would be greatly appreciated.

Answer: No, no, no. The other parent can basically say you kidnapped the child if you leave the country without his permission. Even if he doesn't care about your daughter he can do it to get at you. As far as border crossing goes, having only one name on the birth certificate will make it easier for you to cross. I know Amtrak requires a letter from the other parent to take the child across the border if you have 2 parents listed.

Question: What are the duties of the custodial parent? What are considered to be the jobs of the custodial parent involving a child and noncustodial parent? What obligations does the custodial parent have as far as visitation with the custodial parent? Should the custodial parent encourage the child to abide by court ordered visitation or maintain the attitude of not forcing the child to go if she doesn't want to?

Answer: as the custodial parent, you do what is in the best interest of that child (to say the least). you must also encourage the child to have a relationship with the non-custodial parent (especially if they would like a relationship with the child). lastly, follow the court orders (they're in place for a reason).

Question: What are the duties of a custodial parent? What are considered to be the jobs of the custodial parent involving a child and noncustodial parent? What obligations does the custodial parent have as far as visitation with the custodial parent? Should the custodial parent encourage the child to abide by court ordered visitation or maintain the attitude of not forcing the child to go if she doesn't want to?

Answer: you can not deny visitation if you look under general terms and conditions (if your states papers are the same as tx) it will tell you that you have to surrender the child to the other parent at the beginning of each period of the other parents possession at a certain place now if your daughter really doesn't want to go then maybe it is time for you to have conversation with her dad if that is possible Also in some states/counties the police won't come for a child custody issue they won't in our county but they will document the call

Question: can the custodial parent keep the kids from flying to see the non custodial parent? The custodial parent is scared of planes so the custodial parent will not allow the children to see me ( the non custodial parent), however there is noting in the order stating the kids can't travel out of state. Will the judge grant the custodial parent rights to only have me fly over to the children to see them? If that is the case I might have to go on unemployment. Thanks!

Answer: The idea of visitation is for the children to experience their other parent's love, life, and living style. That can't happen in a hotel room. It's also unhealthy for a parent to project their phobias on their children. Plenty of children fly to visit family. I see them at the airports all the time. Your ex can try to stop them, but it probably won't go over well with the courts. Sounds a little (maybe a lot) like she's trying to control you though the children. The courts aren't crazy about parenta who try to do that either.

Question: How can a noncustodial parent find out if the daughter is safe if the custodial is marrying? The custodial parent is getting married to someone that the noncustodial parent didn't even know about let alone the engagedment. How can the custodial parent make sure the daughter is safe and have a criminal background check on the person who the custodial parent is marrying to?

Answer: can't do anything about it until a situation possibly comes up;; I know ya worry cuz ya don't know what's happening, but the courts will tell ya it's the other one's business who he(she) hangs around with, & that because he(she) is the parent, will subsequently be the candidate to look out for the child's "best interest"..so again, can't do anything about it unless something LEGAL happens..sorry..stinks huh??

Question: What can be done to a "custodial parent" who has left their children with a family member? The custodial parent has not legally given custody to the family member even though they have been taking care of the children for years while lying to the non custodial parent. The courts have been lied to by the family member stating that the custodial parent is there and paying them for childcare, but have not produced documentation to prove it. What are the rights of everyone involved? The custodial parent does not live in the same state as the children but uses them for taxes. The caretaker is on welfare and wants more money from both parents. The non custodial parent wants custody of the children but is threatened with physical harm.

Answer: Did the custodial parent abandon the children to his/her family? Or does the family take care of them while he/she works and then cares for them? If it is the afore, then the non-custodial parent can petition the court, with proof of this, and probably get a custody change (unless there is good reason for the non-custodial parent to not have custody). If it is the latter, well, that sort of thing happens all the time in divorced families. You can't penalize the custodial parent for trying to make a living. Do you have proof of the lies? Then bring it to the court. Judges do not like being lied to. At all. Then this is what I would do if I were the non-custodial parent. First, I would call call social services to check the conditions of the home the children are living in (especially if he caretaker is on welfare). At least that is documented. Try to, at the same time, get an emergency hearing...an Order to Show Cause. What this will do is call your case to the docket the next day. The other parent literally has 24 hours or less notice to appear to defend. At the hearing, present your case. Hopefully, you will have a report that you at least called social services on behalf of the children. Present evidence of the abandonment and the threats of violence (the standard of evidence in Family Court is much lower than criminal court). Prior to court, file a declaration about everything that is going on. Just make it factual, including your feelings regarding the welfare of the children. Request the court make a solution, either with a change of custody and/or a protection order. In some states, people who have restraining orders against them are, by statute, not allowed to have custody of their children until a burden of proof is met that they've changed thier ways. Check with the clerk or court website to make sure that you file the correct paperwork prior to going into court. Have everything ready, documented, filed, etc. Throw him for a loop on a short period of time. It may work. Actually, now that I think about it, you may want to consider calling the cops, for the threat (document it) and if living conditions where the children are are poor, they may go there and at least document it, or even remove the children if it seems bad. Get the police report prior to court.

Question: Do I become custodial parent if the custodial is incarcerated for a felony and cannot bond out? My son's mother has been incarcerated for 5 counts of fraud identity theft. She is the custodial parent and I am the noncustodial. I live in Austin and they live 60 miles away. My son is staying with her father but I am wanting to bring him to live with me. Am I allowed to withdraw him from his current school and enroll him in a school where I live while she is in jail? What steps do I need to take to do this the right way?

Answer: Danny, You should see a lawyer who practices family law in Travis County. The remedies to obtain custody are replete with technicalities. Every i must be dotted, and every t must be crossed or you petition for custody will fail. I live in Garland, TX.

Question: Can a non custodial parent pick up a child without permission of the custodial parent? Parent picked up child who was walking to school and drop the child off at school. Custodial parent threatened to call police. Parents were never married, there ist no visitation order and this took place in the state of ohio. Is there any crime that the non custodial parent can be charged with?

Answer: Since you didn't keep the child, only dropped off to school, there shouldn't be any charges she should be able to file. The non custodial parent should really get something in writing or court ordered before the Custodial Parent becomes worse and may accuse him/her of trying to kidnap the child.

Question: What can be done if a non custodial parent has fled the jurisdiction with a minor child? Should that be considered kidnapping, and should the noncustodial parent be subject to criminal prosecution? What are some remedies available to a custodial parent when the noncustodial parent leaves the jurisdiction and ceases to pay child support? What would be in the best interest of the child in these situations?

Answer: Yes it is considered kidnapping (more frequently called custodial interference), but the remedies available depend entirely upon the country that issued the custody order, the country where the child was taken from, and the country where the child is currently. For instance, if a Japanese national kidnaps his/her child and takes him back to Japan, there is no reason, aside from the parent being a danger to the child, that Japan will let the custodial parent take him back. Other countries have reciprocal treaties with the US and will enforce a US court order.

Question: What is the penalty if the non-custodial parent and the custodial claims a child on their taxes? The mother (custodial parent) has all of the necessary documentation to show that she was the primary supporter. Will the father be penalized?

Answer: When a second return is submitted with the same dependent, both returns are flagged for review. The taxpayer who was not entitled to claim the child will have to redo his/her tax return. If the taxpayer was due a refund (after the recalculation), there will not be a penalty. However, if the taxpayer will owe money, there will be a penalty for not paying the full amount of taxes due by April 15.

Question: Can a non-custodial parent sign over their visitations to a power of attorney? I am the custodial parent of my son. Recently, his father has moved out of state and has signed a power of attorney over to his mother. Can the grandmother claim his visitations without my consent?

Answer: consult a lawyer, this a legal question about custody that only a lawyer can totally answer

Question: Can a non-custodial parent file for earned income credit? Is it legally allowed for the non-custodial parent to take un-earned income credit for their child? -Please give websites if possible.

Answer: the EARNED Income Credit is only available to the parent (or guardian in some cases) whom the child lived with for more than half the year. This is true even in the case where the non-custodial parent claims the exemption and Child Tax Credit (where applicable) for that child. In other words, the non-custodial parent can claim the exemption and the Child Tax Credit, and the custodial parent can claim the Head of Household filing status, the Earned Income Credit, and the Child and Dependent Care Credit. All of these have other requirements before they can be claimed on a return, but that is the way the IRS breaks it down. On a side note - the non-custodial parent must have either a signed form 8332 (Release to Claim Exemption), a divorce decree, or other court document allowing him/her to claim the child's exemption - it is NOT automatic. Hope this helps!

Question: How is child support factored if custodial parent doesn't work? I'm curious because my boyfriend's ex doesn't work, and not because she was laid off. Technically, she's at zero-income (living off a roommate). So my question is, when the custodial parent doesn't work, is a home-maker for example, do they count as zero-income? I remember reading somewhere that their income is then calculated by what they could earn according to their education, but not sure if this is true. I live in Iowa, in the US if that helps.

Answer: They do that on fathers, but not so often on mothers. It would create little change to the base payment he pays, but it would decrease the percent pays on extras, such as insurance. This will teach him how to deal on child support issues. You need to know that the child support guidelines are not set in stone. They are just guidelines. You can make a case for not paying so much. 1988 Public Law Record SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS. (A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b) of the Social Security Act is amended- (1) by inserting (1) after (b): (2) by striking, "but need not be binding upon such judges or other officials;" and (3) by adding at the end the following new paragraph: (4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case." You need to file a motion to modify your child support. If you are current in your support, you can do this by making an official request for a modification at the child support enforcement office under the provisions of Public Law 12. If there are arrears, contact the Clerk of the Court and request forms for filing for a modification, Pro Se. You will need to get a copy of the child support guidelines and worksheet from child support enforcement to determine if you have cause for a reduction. There needs to be at least a 20% difference in his payment. NEVER pay your child support directly to the mother as it can be considered a gift and not support. Always pay threw the court. If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you’ll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do. http://health.groups.yahoo.com/group/Dad… http://vids.myspace.com/index.cfm?fuseac…

Question: How does non-custodial parent take part of tuition fees in private school? I would like our kid to be enrolled in private school. Is the non-custodial parent be obligated to pay part of the tuition including before and after school care?

Answer: If the non-custodial parent agrees to pay part of tuition, then they pay. If you take the non-custodial parent to court to make them pay for part of tuition and the court decides they should pay, then they pay. However, it's very unlikely for a court to order a parent to pay for tuition unless the parent is very well off (rich), and even then it's not a sure thing. Generally, private school tuition would be the responsibility of the parent receiving child support (custodial) if they choose to make the choice of private school and the non-custodial parent does not want to pay. Private school is not considered a need of the child. If the non-custodial parent is already ordered to pay for child care, than they would likely be obligated to pay at a new facility. But if the costs are not specified in the order, or if they are and the amount of the new facility is more, they likely would only be obligated to pay the amount they have been paying. The custodial parent would have to take the non-custodial parent to court, but the court likely wouldn't be too inclined if there is a large difference, since obviously child care has been available elsewhere for less. If one parent makes a choice, it doesn't necessarily happen that the other parent has to also pay for that choice. The private school will typically want both parents to sign the contract, however, the non-custodial parent is under no obligation to do so unless an agreement has been made or it has been court ordered. Because if one parent doesn't pay, the school will go after the other parent for payment. Usually the school will only accept one check, not checks from both parents, for tuition. They will send out a copy bill to the parent who doesn't send in the check if requested, but the school doesn't want to deal with the situation beyond that. If the non-custodial parent is contributing, than usually the custodial parent pays the tuition bills and is reimbursed by the non-custodial parent. Private school costs go beyond tuition, often tuition doesn't cover the full amount of the education and it is hoped and encouraged that parents will pay their fair share by donated to the annual fund at least the amount that tuition doesn't cover. Many private schools have expensive field trips that are not included in tuition, my son's have been around $600. Also, there are other fees, like registration, books, etc. This reality should be discussed with the non-custodial parent as it can add thousands more to the tuition, if one is expecting them to pay a certain percentage.

Question: Can a custodial parent file and ask for revision of child support every month when there is already an order? Can a custodial parent file and ask for revision of child support every month when there is already an order just signed last month by the judge? What are the non-custodial rights in these cases when the child support is paid regularly?

Answer: You can, but a judge will not usually do anything about it unless there has been a change in circumstances. If there has been at least a 30% decrease/increase in pay from either party, or a significant change in how much it takes to care for the child(ren), then it will more than likely get changed. Sounds like you just want more though. From a step mothers point of view, just leave him alone.