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Custodianship/Support

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lokeen

Member
What is the name of your state? NCP lives in Indiana, support order is in CA

Need some help in clarifing who has the right to determine custodian ship and the payee for support...

Background:
NCP has Joint legal custody of 15 year old daughter. Since he lives in Indiana and the daughter in CA, visitation has been sparse. Last year she became pregnant. She turned 15 in Sept 06 and had the baby in October 06. NCP flew daughter to Indiana for the duration of the pregnancy. No custody was ever transferred, but the CP gave written permission for daughter to stay. Birth costs were covered by NCP (and insurance provided by NCP). Shortly after the baby was born, daughter returned to CA so that the baby's father (who is 17) could be involved in the baby's life.

At some point daughter moved in with her boyfriend's and his parents. NCP was not made aware of this change until mid-January 07. He spoke with CP about the living arrangements and made her aware that he did not agree with the decision to allow her to move. Everytime NCP calls to talk to his daughter the phone goes unanswered. He has sent several letters to their assumed address. None of the letters have come back, but they have also been unanswered. No one in the boyfriend's family has ever acknowledged to NCP that daughter lives with them nor have they asked for any monetary contribution for her living expenses

At the end of Jan 07 Boyfriend's mother filed for additional welfare benefits to cover daughter and baby. Additional benefits were approved and daughter and baby were added to boyfriend's mother's "case" at the welfare office. In turn, NCP's child support was doubled to cover the costs of these benefits and are now payable to boyfriend's mother who is now named custodial guardian to daughter. NCP contacted local welfare office (Butte County...Chico, CA) and spoke with the case manager. NCP was told that he is no longer entitled to any information regarding daughter because boyfriend's mother was given custodial guardianship.

Questions:

Who determines custodial guardianship? Was NCP not entitled to advanced notification that there may be a change to custodial guardianship? Why is NCP not entitled to information regarding his daughter? Why is boyfriend's mother entitled to CS when she was never given permission by either parent to be a custodial guardian? Finally, what is NCP's best course of action to fix this situation?

Thanks in advance!
 


Just Blue

Senior Member
NCP was not made aware of this change until mid-January 07. He spoke with CP about the living arrangements and made her aware that he did not agree with the decision to allow her to move
.


But here you say that CP allowed her to move?:confused:
 

lokeen

Member
Once NCP was aware of the change in living arrangements, he called CP and told her he did not agree with the decision that was made by the CP to allow daughter to move...
 

Just Blue

Senior Member
Once NCP was aware of the change in living arrangements, he called CP and told her he did not agree with the decision that was made by the CP to allow daughter to move...



CS when she was never given permission by either parent to be a custodial guardian? Finally, what is NCP's best course of action to fix this situation?


I'm sorry if I am being dim...but you say CP gave permission...and you say she didn't give permission...:confused:

Do you mean that she gave permission for the move but not for the Custodial Guardianship?
 

lokeen

Member
I'm sorry if I am being dim...but you say CP gave permission...and you say she didn't give permission...:confused:

Do you mean that she gave permission for the move but not for the Custodial Guardianship?

CP gave written permission to NCP for daughter to come to Indiana during her pregnancy. At some point after daughter returned to CA after the birth of the baby CP (apparently and without NCP's knowledge) gave daughter permission to move in with the boyfriend's parents. Sorry if I'm being confusing...not my intent! :o
 

Just Blue

Senior Member
CP gave written permission to NCP for daughter to come to Indiana during her pregnancy. At some point after daughter returned to CA after the birth of the baby CP (apparently and without NCP's knowledge) gave daughter permission to move in with the boyfriend's parents. Sorry if I'm being confusing...not my intent! :o

Well if your minor daughter was sent to live with the bf's family, and CP did this, than she gave consent for the bf's mother to be custodial guardian. I will submit a motion for a change in custody. But the baby does complicate things...It is bizarre that CP sent her daughter over there...Does CP want ANOTHER grandchild?:(

Stick around for a better answer,,,,
 

nextwife

Senior Member
In turn, NCP's child support was doubled to cover the costs of these benefits and are now payable to boyfriend's mother who is now named custodial guardian to daughter. NCP contacted local welfare office (Butte County...Chico, CA) and spoke with the case manager. NCP was told that he is no longer entitled to any information regarding daughter because boyfriend's mother was given custodial guardianship.

I'm also confused, if the former CP does not have legal custody, why all the CS is made DAD's responsibility? Why aren't BOTH parents ordered to pay support?
 

lokeen

Member
I'm also confused, if the former CP does not have legal custody, why all the CS is made DAD's responsibility? Why aren't BOTH parents ordered to pay support?

According to Marital Settlement CP and NCP share Joint Legal Custody. Does the fact that CP gave permission for the daughter to move without NCP's knowledge give the boyfriend's parents custody?

I can only assume that the reason they are assigning all of the CS to the NCP is because he has a job and CP does not. I'm not indending the following as bashing the CP; however, she is 3rd generation welfare and has never worked, so I'm not sure how she would pay CS. Even when daughter was in Indiana with NCP, he was still required to reimburse the state of CA (through CS) for the benefits the CP received by having physical custody. (It makes no sense, but its what we live...)
 

nextwife

Senior Member
An able bodied NCP who refuses to work to support their child is not EXEMPT from paying support. Normally CSE assigns at least a minimum wage support amount to them. THey don't just let a NCP CHOOSE to not work and not have a CS order to pay support. And now mom is a NCP.

And if the support includes the grandchild, then both parents should be ORDERED to contribute to that.

Dad was never served notice for a modification of his joint custody? In which state was custody established?
 
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lokeen

Member
An able bodied NCP who refuses to work to support their child is not EXEMPT from paying support. Normally CSE assigns at least a minimum wage support amount to them. THey don't just let a NCP CHOOSE to not work and not have a CS order to pay support. And now mom is a NCP.

Agreed, but not sure how NCP can enforce it...

And if the support includes the grandchild, then both parents should be ORDERED to contribute to that.

To the best of my knowledge none of the CS includes the grandchild. (At least not at this time)

Dad was never served notice for a modification of his joint custody? In which state was custody established?

Dad was NEVER served a notice for a modification of custody, support or notified of the assignment of custodial guardianship. The only thing Dad has ever received was a Modification of CS and that was sent to his employer with a request that the employer provide him with a copy. Custody was established in CA (Alameda County)
 

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