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Non-residential Parent
The parent or parents who do not live with the child(ren), but who have a duty of financial support for the child(ren).
Question: in the state of OHIO does a child over 13 have to go with there non-residential parent?
Answer: yes.
Peace.
Question: ohio 13 yr old wishes to live with non-residential parent?
Answer: call children services and tell them ur situation if ur over 12 u have the right to choose and children services should be able to help u or tell u how to get the answers u need
Question: Can a non-residential parent get custody of a YOUNG child that protests going to the residential parents home? My 3 yr old stepson has thrown fits about going to his mom's house since he was literally an infant. She DOES neglect him and this has been witnessed firsthand by most of her family members, who said they would vouch for us while in court if we want custody. First off,her family has been begging her for YEARS to get a mental evaluation-she has all symptoms of bipolar disorder, yet refuses to get one because she's afraid she will lose the child. Second, she has had her mother, who is a RN, get PRESCRIPTION medication for him from her work for what she "thinks" is wrong with the child on SEVERAL occasions. These prescription meds DO NOT have the child's name on them ANYWHERE, but they DO have an RX # on them.Lastly, she does VERY innapropriate things in front of the child (he has been making his stuffed animals perform oral sex on him, very realistically, since he was about 2yrs old, moving their heads up and down on his privates!).There is PLENTY more to tell-does any1 think its enough?
I have contacted CPS when the neglect began-and they sent her a letter in the mail-nothing else! She then submitted it to her lawyer as evidence that I was "harassing" her and refused to sign their divorce papers for 10 months over it!
During the divorce, my husband (then he was just my boyfriend, of course) asked his lawyer if there was ANY way to get custody-he told him absolutely not unless she's a crackhead or beating him and leaving bruises!
The lawyer said that in Ohio, it is virtually impossible to get a child from their mother-no matter WHAT the situation!
I have ALSO contacted the Board of Nursing about her mother-with NO responses! E-mail AND calls! She STILL has her job!
That was just the tip of the iceburg! He also talks about how he has a big "wanker" all the time (his mom must have taught him that, too!) and is allowed to say every curse word imaginable at his mom's house-which is totally NOT ok when he's here! Also, just the other day, he was being mean and yelling at his daddy-so I asked him why he was being mean to daddy...his reply? "Because my mommy said so!"..I can't even begin to tell you everything this psycho has done, it would take FOREVER! My point is, even after ALL of these instances piling up day by day, we are still being told that there's no way to get custody of him until he's like 11 or 12 and can tell a judge what his mom does to him and in front of him! WHICH he already does NOW! But we're still told he's too young to believe! We are at our wit's end with the whole situation!
Answer: OMG! Call Protective Services ASAP! Find a lawyer and file for custody of this child. What are you waiting for? This child is in need of immediate help. If you are not doing it already, keep a journal with dates and times of incidences. Take that child to a pediatric counselor ASAP. You may wish to find one that deals with this type of situation. They would be able to spot "red flags" better then just a normal councilor. Self treating a child is not considered medical treatment and can be very dangerous. There are so many things wrong here I just don't know where to begin....TAKE ACTION RIGHT AWAY! I just read that you had contacted CPS and they sent her a letter? Are you kidding me? I would call those people everyday until they do something. Don't worry about her running her mouth off about you harrassing her. Advocating for a child, is NOT harrassement. It's call being a lovely parent. Don't listen to people that say you can't get custody unless she's a crack head or something. Be calm, methodical with your record keeping. Make sure that the child is getting the best medical treatment and unconditinal love, while he is with you. It will be very helpful and comforting to the child when he is with you to know that is he is loved unconditionally. That he is safe with you. Love him, read with him, play catch with him. Do everything you can to make him see and feel what it is like to be 3 years old. In time, he will figure the sitation out on his own. Keeping him safe will allow the process to work its self out. You and your husband are in this together. Lock arms, and march on to battle. It may be very ugly, but remember to kept your chin up, because you know that it is all about saving your little boy!! :)
Question: How do you stop a non-residential parent from brainwashing your child? I dropped my son off on Friday for his weekend with his father. On Sunday I called because my ex was late bringing him home. My ex told me he was going to make our son tell me something, and that our son did not want to tell me. Several hours after I dropped off our son a bump appeared on his forehead. After asking our son over and over again what happened, our son said his step-brother threw a playing card at him when he was home. Common sense would have told you too many hours had lapsed for a playing card to make a bump. He is only 7, and clearly he did not know what caused the bump. The bump was not there when I dropped him off. By Sunday our son was worked up over telling me what happened because his father lead him to believe I would be mad at him. After talking with our son, he said his dad kept asking him over and over what happened, and he would be beside him when our son told me so I wouldn't get mad. How do I stop this, I don't want our son to believe I'm unapproachable
Answer: take custody of your son completely. your ex will only damage your son. he dosent care for him, or is unfit to take care of him. it is sad, but you cant let your son be harmed anymore. go to court and explain this to him. collect evidence for example record your son before he goes and after to see if anything happens. record the conversation and what your son tells you so that you have evidence enough to support your claim. you can also buy security mini cameras that you can install anywhere- you can buys photo albums with cameras a teddy bear. or a hair tye- with a recorder or you can buy does things that allows you to listen to a conversation from a distance away ad record everything.
your ex cannot have your son with him . if this continues happening your son will be damaged for ever.
in the meantime love your son and show as well as tell him that you love him and that he can talk to you about everything and not be afraid- if he does something bad dont get mad at him but explain how you are desapointed that he -------um touched the candle when you told him not to- something like that
good luck , i hope everything works out :) and that i helped
mb
Question: In standard visitation laws, can the non-residential parent send anyone to pick up the child from res.parent? I'm wondering if my son's father is not available to pick up our son on time for his visitation time, is it legal for him to send his girlfriend to pick up my son? Also, during my son's father's visitation time, if father is going away for the weekend, does he have the right to leave my son with his family instead of just leaving him at home with me? If someone has experience with this and knows the general answer, that would be great. I know laws are different in different states, and counties, but still would like your feedback.
Answer: If you take peggy's advice, you will most likely be found in contempt of the court order.
The fact is, unless your order specifically states that the father must pick the children up or that ONLY the father is allowed to be with the children, you have no control over who he deems fit to babysit.
Unless of course, you want to give him that same right over you. People in divorce seem to always forget that visitation is a right, not a priviledge. And unless you have verifiable proof that the girlfriend is a danger to the children, you will most likely not get this issue before a judge.
AND BY THE WAY PEGGY: The custodial parent has NO CONTROL to interpret the custody order and may not, under penalty, tell the non-custodial parent what rights he has or doesn't have. That is the job of the court.
You would know that if you were an attorney.
Question: does non-residential separated parent have to provide a bedroom for our girls in NY ? My ex would like to make certain of the legality of providing bedrooms to our girls. His girlfriend and he share a one bedroom apartment where she also has visitation rights to her daughter- not custody.
Answer: ask a lawyer - advice and consultations are free - depends on your state, etc anyway
Question: Do you have to pay non-residential college fee if one of your parent is living in that state?
Answer: It's most likely that, If your over 18 and you've been there for over a year then your resident also (in whichever state you've been living in)
If you've been living in both, you can probably apply for residency in either
Question: Ohio law for non-residential parents? I am trying to find the number or code somewhere in the Ohio law that states that the Non-residential parent has access to school records and activities...the New Lexington school is stating that since my step-sons father has no parental rights established in court (they didn't need any)that he doesn't have access to his sons records, yet we get mail regarding grades and delinquincy...and so forth...I know I have read it somewhere that the Non-residential parent has the right to records but I can't find it...help..Anyone know where I can find a copy on the net or location, or number of what it was? The reason that visitation was not established is that they (parents) are in agreement for visits and the court matter has never come up...we don't want visitation information, just rights to his school records...any help?
Answer: Ask the school for the specific citation of Ohio Revised Code they are basing their position on. If they can't provide one, appeal to the superintendent or the Board of Education, because it may be just them saying that it is the law. All schools have an attorney who should be able to answer that question.
If they can't provide the citation, maybe you know a newspaper reporter who can ask for you.
Question: Non-residential supervision? When the residential parent will be gone overnight regardless of the age of the child(ren), the non-residential parent shall be afforded the
opportunity to exercise overnight parenting time.
This is wording from the standard parenting order. My question is similar, assuming the following scenario:
The child is staying with the non-residential parent each weekend. The non-residential parent is remarried and in a relationship with his spouse for an extended period of time (3+ years). The non-residential parent goes out of town for the weekend. The non-residential parent informed the residential parent 7 days in advance that the non-residential parent would be going out of town overnight, coinciding with time with the child. The non-residential parent also informed the residential parent of the non-residential parent’s intent for the child to spend that time at the non-residential parent’s home under the supervision of the non-residential parent’s spouse.
1. In this instance, is it stated that the residential parent shall be afforded the opportunity to exercise overnight parenting time? In other words, if the non-residential parent has obligations that affect their ability to performed the supervision, does that mean that the child goes back to residential parent?
2. Does the court or law have a perspective on the situation described above or similar situation as it relates to step-parents and their ability to perform the supervision in lei of the non-residential parent?
Answer: Provided the parent of the first parent approves the second parent can in fact parent no more then two parents shall parent prior to the first parent given permission parent the child with the second parent be incarcerated for earning illegal dollars at the local crack house becomes the first parents unlisted to the parent s of the first parent,and thereof set forth the seconds parents, parents take total control and ban the first parent from parenting. So Yes!
Question: How could a teenager "responsibly" get across reasons to live with one parent without bashing the other? This isn't in a state where you can decide at a certain age, but how to convince the court? The would-be non-residential parent always thought of the other as being irresponsible, but that isn't true. Any advice????
Answer: sit down with both parents tell them how you feel,
let them no witch ever parent you decide you love both of them the same and you dont feel any different from the other,
its a hard choice to make and its not far, but it happens
good luck in what ever you decide
Question: Feel like a babysitter instead of a parent? I am a divorced mother of two sons, ages 8 and 10 and although I have a good relationship with them I feel more like their babysitter than their parent. I am the non-residential or part-time parent so I only see them every other weekend and every wednesday evening. I would really like to spend more time with them but thats not possible without going back to court. Do other "part-time" parents feel this way too? Any ideas?
Answer: I would think it inevitable that would feel this way. You are hardly spending any time with them, so are not teaching them lessons about life each day, and you aren't there for them emotionally each day.
If you want to spend more time with them, then go back to court. Get some more time with them, be a bigger part of their lives. It will do them and you good.
Question: How old do you have to be to refuse visitation in michigan? I am forced by my non-residential parent to visit him. But my mother who is my residential parent does not support me whenever i want to change this.
So at what age can you just basically say no?
I'm old enough and responsible enough to drive a car so why cant i decide where i want to be?
Im 16 and am forced to go to my dads house, how do i get out of going there?
Answer: 18. It's pretty sad you are not willing to make any effort.
Question: POLL: What do you know about enforcement of court ordered access or visitation rights? When the non-custodial (Possessory Conservator, separate, non-residential, etc.) parent is being denied their court ordered visitation rights, what actions must they take to get them enforced?
What expenses are related to getting this achieved?
This relates to the public view and general knowledge on this.
Answer: Keep records of when they ask for visiting times & always have a witness present so they will have someone to verify they are being denied the visit & why they are being denied & then take that to a lawyer, who will then go to court.
The custodial parent can get into serious trouble for disobeying a court order.
Question: Can a stepmom blog about her step kids? I am the stepmom to 2 girls. My husband is the biological father and non-residential parent. The biological mom has been reading my blog and has now demanded that I NOT mention one word about "her children" and remove all mention of them and photos. I'm basically supposed to act like they don't exist.
1. I use nicknames for the children: "Miss T" and "Miss S". I only name my biological son sometimes or my husband.
2. Nothing negative is posted about the girls.
3. No details are given about us -- where we live [other than the state], what school they attend, our last name, etc. If a predator was trying to find us, they'd have a VERY hard time [and the bio mom has NEVER mentioned this, so that isn't even her concern].
Get right down to it -- this is all about control on her part. She's obsessed with her "mom" status and implies I'm a glorified babysitter.
So, can she LEGALLY prevent me from talking about my step kids? She's now threatening legal action. Help!
Answer: You know how ex-wives can be I am sure. Feeling like you are trying to take over her role as mom, and watch out if the kids like you! She feels threatened. You have your own relationship with the children that has nothing to do with her. As long as you are not trashing her on your blog, ignore her. The exes are always worried that the kids will like/love you more, especially if they aren't that great of a parent themselves. Legally, she hasn't a leg to stand on or even morally for that matter. I have had to deal with a crazy ex myself.
Question: Can someone define "school age"? I live in Ohio and my daughter is 5 and in preschool. I want to take her out of state for vacation for a few weeks, but local laws state that "school age children" can only be taken by the non-residential parent for multiple weeks of vacation in the summer months. I want to take her within the next couple of weeks, but the local magistrate says that my daughter is "school age" because she is in preschool. Ohio Revised Code makes a definite distinction between the two. Am I being cheated?
Answer: Preschool is not state-mandated (to my knowledge), and as such, isn't legally considered "school". Until she is in kindergarten, the state can't say anything about it, regardless of her actual age.
Question: plz help this is what my ex wants me to sign? CUSTODY AGREEMENT
Monday Uffort and Tina Uffort, do hereby agree to joint legal custody of Nse Justice Uffort. All major decisions affecting his growth, health, education, welfare, and development shall be made jointly by us. If emergency medical treatment shall be required, the parent having care of the child at the time may arrange for treatment but shall notify the other parent as soon as possible. We agree to consult with one another on all important school issues and events such as parent-teacher conferences and to jointly decide on changes of school curriculum, enrollment in extracurricular activities and his attendance or participation in special school events.
AGREED that Nse shall reside with Tina Uffort while Monday shall keep Nse every other weekend, while visitation time shall be mutually agreed by both parents. Pick-up of child is to occur at the resident of the other parent or said child's school.
AGREED that the natural mother shall have custody of the children on Mother's Day and that the natural father shall have custody of Father's
Day, and it is further
AGREED that the non-residential parent shall have the right to complete information from any physician, dentist, consultant or specialist attending
to the children's physical or mental needs for any reason whatsoever, and to copies of any reports given to the other parent by such persons; and it
is further
AGREED that the non-residential parent shall have the right to converse at least three (3) times a week on the telephone with the children without
interference from the residential parent, and it is further
AGREED that the non-residential parent shall have the right of peaceful visitations with said minor children at all herein above times, and the
right to have said children visit and converse on the telephone with the non-residential parent at all reasonable times and places; and it is
further
AGREED that neither will do or say anything that may estrange the children from the other parent and each parent shall allow said child to have liberal visitations to both parents, his grandparents, maternal and paternal; and it is
further
AGREED that both parents have to agree on Nse's visiting his paternal native country; and it is
further
AGREED that as long as Monday maintains his present employment at Harrah's Cherokee, he will pay $250 monthly for Child Support.
__________________________ _________________________
NAME NAME
Subscribed and sworn before me this ____ day of ______________, 20__.
_________________________
Notary Public
My commission expires:
Answer: Looks like a basic custody arrangement, what is your question?
Question: Is or isn't this contempt of court? (Assuming the parties cannot resolve it)? Local rule states that if the non residential parent's visit is cancelled by the residential parent due to illness of the child then the time is to be made up starting with the next weekend that the residential parent was supposed to have the child. The time is to be made up in full no matter how many weekends the residential parent has to forfeit.
Note that nothing in there says that the time is ever forfeit to the non residential parent. It is only forfeit if the non residential parent cancelled their own visit.
Would it be contempt if the residential parent cancelled a visit (giving only a couple hours notice) and then refused to make it up since the non residential parent could not make up the visit that following weekend due to a work schedule that could not be changed? (Keep in mind that the cancelled visit was a Wednesday (from 3 on Wed to 3 on Thurs) and the residential parent expected the visit to be made up that Friday.)
JP: We'd never make the child feel bad! Come on it isn't her fault!! She's only 4.
Ouragon: Really? It's stupid to argue about the enforcement of a parenting plan so that each parent gets their allotted time with the child? Gee, my bad for caring about spending time with her. I'll tell my husband he shouldn't get so worked up about building a relationship with his daughter since according to YOU it's stupid...
Answer: Technically speaking, it could be considered contempt depending on the court. However, no judge is going to make such a fuss over a resident parent missing a scheduled visitation unless it becomes a chronic pattern. Think about it, if you were a judge, would you want to constantly get involved with every parents' visitation scheduling? The judge will want to you to work this out.
Question: Does this qualify as contempt of court if an agreement cannot be reached? Local rule states that if the non residential parent's visit is cancelled by the residential parent due to illness of the child then the time is to be made up starting with the next weekend that the residential parent was supposed to have the child. The time is to be made up in full no matter how many weekends the residential parent has to forfeit.
Note that nothing in there says that the time is ever forfeit to the non residential parent. It is only forfeit if the non residential parent cancelled their own visit.
Would it be contempt if the residential parent cancelled a visit (giving only a couple hours notice) and then refused to make it up since the non residential parent could not make up the visit that following weekend due to a work schedule that could not be changed? (Keep in mind that the cancelled visit was a Wednesday (from 3 on Wed to 3 on Thurs) and the residential parent expected the visit to be made up that Friday.)
The parenting plan itself does not allow for any cancellations at all. This is local rule that I was summing up. Both orders, though, state that the parties are to make agreements in the face of extenuating circumstances. There was no agreement, the residential parent simply cancelled the visit.
Answer: The laws vary somewhat from state to state, but it might be contempt. Indirect contempt of court requires a willful violation of a court's order. If she can convince the court that her violation wasn't willful, but was based on a misunderstanding of the law or some other factor, no contempt. Additionally, contempt proceedings are quasi-criminal actions and the same burden of proof and other constitutional protections apply as in criminal trials. In most states, the person accused of contempt is even entitled to a jury trial if they request it. Bottom line: it's an inefficient enforcement mechanism.
Most states have a law that allows a non-custodial parent to bring an action to enforce visitation which has been wrongly denied, which is a purely civil matter, and tends to be much more streamlined. Usually these statutes allow the prevailing party to collect attorney's fees and costs as well.
Before deciding one way or another, speak with an attorney.
Question: Denial of Visitation? My ex and I have joint custody. He has residential custody. He has grounded our son multiple times and each time our son is grounded, I am denied visitation. He claims that the child is using a visit with me (the non-residential parent) to avoid punishment. I don't believe my ex can ground my child from me. Do I have a legal leg to stand on? Suggestions/help apprecited.
We have a court order that sets out specific times. However, because our son is almost 17 years old and has wanted to hang out more with friends, the schedule has just been whenever it's convenient for everyone. Although my ex and I cannot stand one another, this has not proved a problem in the past.
As to why he was grounded, he cut gym class and went to the band room to do some work to prepare for an upcoming concert. Clearly he should not have cut class, but I don't think it's reasonable to ground him from his mother.
Answer: You most definitely have a legal leg to stand on. Your ex cannot use punishment as an excuse to deny visitation.
If your custody order is not a court order you need to contact the family court system and request arbitration. this is a no-lawyer process but, as the end, generates an order of the court.
If your custody arrangement is a court order, you need to tell, not ask, your ex that you will be exercising your rights. Every time you allow your ex to suspend your visitation is a time they can point to in court that you did not take advantage of your visitation schedule.
Question: Would BIRD NESTING be a better form of child custody? One of the primary objections to Joint Physical Custody is the children having to be shifted from one house to the other on a weekly, monthly, or bi-annual basis. Instead of the children shifting, how about the parents shifting. Granted, this will only work in cases where all the children are from the same mother and father, which is on a rapid decline, but in those cases, the children could live in one home and each parent lives with them for four weeks, than switch. For the off time, the non-residential parent has visitation rights. As for where they live, they could rent a room, or stay with relatives or friends.
This creates the least amount of disruption for the current children. They stay in their own bedrooms/schools, and keep the same friends. There will be limitations on the parents. Each covers the costs created while in the home, and provides support when out, where there is a significant difference in earnings between the parents.
Basic bills, such as rent/house payment, utilities, phone, cable, etc. can be paid by a bank trust fund that would automatically draw the money out of the accounts of the parents.
No adult overnight guests while in the home, no getting remarried, except to the other parent, and no producing any more children, until the first ones are grown. Violation results in automatic forfeiture of custody rights, and a change to simple visitation schedule.
Answer: I guess if two people agreed to something like that but then they might as well stay married if they can co-operate to that extent - to not have any other relationships and not have any more children. Sounds like a communist arrangement to me. I agree with the answer that kids are more adaptable than an arrangement like that would necessitate. Joint custody is fine with two separate households. I could not imagine taking turns living where my ex lives. There are too many reasons that people divorce where that "nesting" would never work. Sounds like something for rich people who want on and off parenting time and its really the nannys taking care of the kids like Tom Cruise and his adopted kids.
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