If a non-custodial parent collects short term or long term disability from a private source, such as an insurance policy or employer, child support and arrears payments still continue as ordered. Nonprofit Organization of Elementary and Secondary Education Regulations. The Child Support Program has many tools available to find the non-custodial parent. Whenever possible parenting time decisions should be made by the parents … Found inside – Page 650We observed that abwas no evidence of the hourly rate the sent an unreasonable interference with the attorneys charged or whether such rates noncustodial parent's visitation rights , the were commensurate with the standard custodial ... In New Jersey, you have the option of enrolling in full child support services or partial services. Which … Former N.J.A.C. For most of us, the holidays are an exciting opportunity to perhaps take some time off and make memories with friends, family, and ... As a married individual in New Jersey, it can be difficult to reach a point where it is evident that all is lost in your marriage. Form 8332 is the form custodial parents can use to release their right to claim a child as a dependent to the noncustodial parent. The only scenario in which a step-parent can become economically liable for the support of a stepchild is if the step-parent takes the affirmative step of formally adopting their stepchild. I do not have custody of my daughter ,her father does but I have always had visitation with her,this has never lapsed since … The information on this website is for general information purposes only. Sole physical custody gives rise to what is generally referred to as "visitation" rights, which is the ability of non-custodial parents to spend time with their … Parenting time is the time that a child spends with their parent – custodial or non-custodial. The New Jersey Supreme Court has determined that, where joint physical custody is not appropriate, the court should consider awarding joint legal custody and physical … They strive to facilitate regular interactions between … Significantly, the push for non-custodial parents’ rights is doing much more than generating headlines; it has already spurred significant changes to family law in some states and, indeed, around the world. 10:110-4.4), Sec. Hence, as noted by the court in Florida, a denial of parental rights of the noncustodial parent does not amount to a substantial change in circumstances which would justify a change in custody. If they succeed, and the non-custodial parent begins making payments, a certain 732-787-2007 extension 2200. Learn About Non-Custodial Father’s Rights in New Jersey: Found inside – Page 251Cite as , 191 N.J. 240 The interstate and international removal contexts involve the same interests . ... Similarly , the non - custodial parent retains an interest in sustaining a familial relationship with the child ... The custodial parent, or the payee, is the parent who lives with the child and takes care of their day-to-day needs. Div., No. After parents are divorced, a custodial and parenting time agreement is reached. Monitoring. Ever growing numbers of Custodial Parents are using our children as pawns in a vengful and vindictive game of control, or as a means of financial gain over the Non … In the Gac case, the New Jersey Supreme Court held that in certain circumstances a non-custodial parent does not have contribute toward the payment of … Avvo has 97% of all lawyers in the US. The non-custodial parent has the right to enjoy time with his or her child, and to take part in the child’s upbringing, unless prohibited by the court. 10:196-5.1), CHAPTER 110 - CHILD SUPPORT PROGRAM (Sec. In pursuit of social and legal justice, CRC serves to protect the best interest of children in custody cases. The parent without sole custody is obligated to tell the other parent about emergency medical decisions about the child. This factor is important because if the non-custodial parent fails make a support payment to the child, the child is far more likely to succumb to guilt or other pressures not to seek recourse for non-payment than the custodial parent would be. If there is interference with your visitation, then you must file a motion in the family court to enforce your visitation rights. 2. Map & Directions [+]. Involves help with daily activities like bathing and dressing. In the vast majority of New Jersey child custody arrangements, one parent is deemed the custodial parent, while the other, referred to as the “non-custodial parent,” … Found inside – Page 19Laws of a General and Permanent Nature Under Arrangement of Revised Statutes, 1937, Including Laws of the 163rd ... Lewis , 167 more frequently , whether noncustodial N.J. 91 , 770 A.2d 214 ( 2001 ) . parent would be able to fly out of ... If the account is owned by the non-custodial parent, it can hurt the student’s financial aid eligibility. This balances out the cost of living between both parents so that the child can maintain the standard of living they were … 10:110-4.2 - Non-custodial parents' (NCPs') rights. This case provides non-custodial parents a strong argument to avoid paying for their child's college expenses. Found inside1984), the New Jersey Supreme Court required that a custodial parent must establish, inter alia, a real advantage from a ... not interfere with the best interests of the children of the visitation rights of the non-custodial parent”). I think a nice class action discrimination suit would help set things right. It’s similar to joint custody where parents have equal time with the child. Non-custodial parents' (NCPs') rights. Parental rights for non-custodial parents. The Children's Rights Council has multiple service locations in Maryland. When a non-custodial parent’s income goes down, the basic support obligation goes down and that parent’s relative share of income goes down. We take pride in guiding our clients with compassion and expertise through any issue pertaining to child custody, child support, divorce, separation, and other family law related matters. There’s nothing more important than family, which is precisely why child custody and visitation matters are often the most contentious and emotional topics in a divorce case. Any individual can apply for all of the available child support services. Law Lessons from In The Matter of the Adoption of a Child By J.E.V. The same applies to workers' compensation benefits of non-custodial parents who … 10:110-1.1 to Sec. If the non-custodial parent is receiving unemployment benefits, the Child Support Program through the New Jersey Department of Labor can take child support out of the unemployment payment. The court may deem a parent to be "unfit" if they: Other conditions that may contribute to deviating from a joint legal and physical custody arrangement include: If the child is over the age of 12, their wishes may be taken into consideration by a judge. Found inside – Page 232See N.J. Court Rules. 1969 R. Appx. IX-A (1999) (Considerations in the Use of Child Support Guidelines), Para. 13(d) (right to petition for readjustment in cases where noncustodial parent fails to adhere to visitiation schedule). 47. The non-custodial parent is the person who has a responsibility to support the child (ren) and who is ordered to pay support to the custodial parent through the … Locating non-custodial parents. If so, what reasons are legitimate or do I need a reason? In fact, the terms “custodial” and “non-custodial” parent are not used any longer. Can I legally move? (2006 Supplement, New Jersey Family Law, Alan Grosman) for the non-custodial parent; or - Any other custody arrangement as the court may determine to be in the best interest of the child. The visitation schedule set up is supposed to be made with the needs of all parties in mind and allow each parent to … This book presents the latest data-based approaches to understanding and assessing relevant child, parent and family factors in child custody evaluation. The custodial parent has a duty to allow a non-custodial parent visitation with the children, and the non-custodial parent has the duty to pay child support. It grants me visitation every Wednesday, Odd year thanksgiving and every other weekend. If appropriate, child custody will usually go to the surviving parent. Where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents. App. The custodial parent … Found inside – Page 123Apparently was abducted solve who was right trary . " he remarried , liquidated his assets ... rights , the law ? " child back . ” some non - custodial parents decide they are being discriminated against , grab their kids and run . • The IRS will request … Though New Jersey mandates that the courts consider the “best interests of the child” when ruling on matters of custody and visitation,that doesn’t mean the courts … • The IRS will request documentation such as school records, birth certificates or medical records to verify eligibility of a child claimed by more than one taxpayer. Adoption cuts off the rights of grandparents, unless adoption is granted to a stepparent. When this happens, Issacs says, child support payers often stop paying in an effort to coerce the ex-spouse to follow the rules. It is possible for parents to agree that only certain decisions require input from both parents. This website was created with the intent on providing non-custodial parents a place to find information to better understand their rights as parents. Found inside1984), the New Jersey Supreme Court required that a custodial parent must establish, inter alia, a real advantage from a ... not interfere with the best interests of the children of the visitation rights of the non-custodial parent”). New Jersey Department of Education Parental Rights in § 10:110-4.1 Custodial parents' rights (a) The custodial parent shall be provided with easy access to an application for child support services, and once the case is established, timely and appropriate notice of any action that significantly impacts the status of his or her child support case. In some states, custody may be modified at any time. New Jersey Father’s Rights Lawyer—— FATHERS LIVES MATTER IN NEW JERSEY FAMILY COURT —-The New Jersey Supreme Court just proved: Non-Custodial Parents’ … In the Gac case, the New … When a custodial parent chooses to move out of New Jersey, the court might also consider why the move is being made and why the non-custodial parent is against the move. Joint legal custody means that both parents can make medical decisions regarding the child’s medical care. A parent has the same duty to pay child support irrespective of gender, so a mother is required to pay child support to a father just as a father must pay a mother. If this doesn`t work, you need to file a petition asking that the other state enforce your support order through its courts. Tax Form 8332 – … Lawyer directory. Read 1 Answer from lawyers to I am the non custodial parent. Found inside – Page 383More recently , the New Jersey Supreme Court , concerned that the custodial parent “ enjoy the same freedom of movement as ... will ... interfer [ e ] with the visitation rights accorded to the non - custodial parent " ) and DeCamp v . Found insideN.J. High Court Eases Custodial Parent's Right to Move Children Out of State atte 320 EB CMK ZR the Matrimonial STRATEGIST ... The integrity of the custodial parent's motives in seeking to move , as well as the non - custodial parent's ... NEW MEXICO. (New Rule, R.2004 d.88, effective March 1, 2004. There is both joint and sole physical custody, as well. 103 likes. This ... 58 Mt. The book concludes with two helpful appendices: a state-by-state chart of all statutory enactments and key cases on joint custody and shared parenting; and a sample joint-custody agreement with alternative provisions to suit different ... • A non-custodial parent can not claim EIC for a child that he or she has been given permission to claim as a dependent by a custodial parent. 7. make a custodial arrest and subsequent transfer to juvenile detention. File: KBBA - NON-CUSTODIAL PARENTS´ RIGHTS. Some of the important things the county offices will ask about the other parent in order to locate him or her are: COPYRIGHT ©2021 NJ CHILD SUPPORT. Gac, 186 N.J. 535 (2006). Found inside – Page 184WFNT / TANF applicants , as a condition of eligibility for WFNJ , matically assign to the CWA all rights to support from the children's custodial parent ( s ) or any other support to which the eligible ren , or the applicant when he or ... Child custody is often the first thing that's thought of when a couple separates - whether they were ever married or not. Found inside – Page 75Some statutes require a minor to notify both her biological parents , making no exception for non - custodial parents or ... 176 In New Jersey , a pregnant minor may obtain any hospital , medical , and surgical care related to her ... I agree to the terms and conditions. Chat with a Live Agent now to obtain your login information via email. 732-787-2007 extension 6000. The noncustodial parent’s parental rights are not terminated by an order of custody in such instances. Back. Found inside – Page 665178 , 692 P.2d 1027 ( App . non - custodial parent if removal is al1984 ) ; Matter of Appeal in Pima County lowed . ... the Michigan court adopted a test from a New Jersey decision , tion rights versus the advantages of the move . Parental visitation rights exist for a reason. Rights of a Non Custodial Parent in NY. Physical custody relates to where the child lives; parents without physical custody still A-5360-17T3, May 10, 2019: Absent a contractual mandate, the custodial parent has the right to determine the religious upbringing of his or her children. Can a child refuse to visit the non-custodial parent? Child custody laws in NJ are similar to those in other states, but there are a few distinct differences that need to be taken into consideration before filing for custody. New … Will the non-custodial parent still be responsible for paying TANF arrears? Losing custody won’t automatically cause someone to lose their rights to their children, but the other parent could file a petition to end those rights, much like the state could. New Jersey Non Custodial parental Rights? The court prefers custody agreements that allow the child to have a relationship with both of their parents. or for something else? Additionally, custodial parents can use tax Form 8332 to revoke the release of this same right. In some cases, the non-custodial, or parent of alternate residence, may have … Bethel Road, Suite 303 ), TITLE 10 - HUMAN SERVICES (Subchapter 1 to Sec. If the custodial parent moves or states an intent to move in the near future with the child to another state, the non-custodial parent may ask the court (on an emergency basis, if necessary) to enter an order prohibiting the custodial parent from moving the child out of New Jersey, at least until a court can hear the case. Deciding which parent the child will live with following a split between the parents is legally known as deciding custody. For … My son has a 17 month old daughter. Thus, the non-custodial parent will … A motion to enforce a parent’s rights under a previous agreement, including custody, visitation, or support orders; A motion to relocate children; A motion for the … In the vast majority of New Jersey child custody arrangements, one parent is deemed the custodial parent, while the other, referred to as the “non-custodial parent,” is awarded parenting time or visitation. However, you may not know where to find the other parent or your former partner may not acknowledge that he is the parent of your child. 10:110-4.1 to Sec. However, you may not know where to find the other parent or your former partner may … Found inside – Page 721114 Some courts have recognized a secondary custodian's parental rights during periods with the child but have ... gives custodial parent the right to determine the child's religious training and that the “non-custodial parent must not ... It is generally the rule that the noncustodial parent should take the child to the extracurricular activities. 6A:142.3(g)7. A parent has the same duty to pay child support irrespective of gender, so a mother is required to pay child support to a father just as a father must pay a mother. Medical support. There is a $6 fee per service. Either parent may request the test. § 10:110-4.2. The Noncustodial Parent New York State Earned Income Credit (noncustodial EIC) may be claimed by eligible taxpayers instead of the New York State earned income credit. Physical custody refers to where the child resides. Those with sole legal custody will have one parent making the final decisions concerning the child. Parents. do you mean abandonment for purposes of having someone else adopt a minor child? The form can be used for current or future tax years. That is why the non-custodial parent must pay child support to the custodial parent. Div. case or situation. For example, a parent owing more than $2,500 in support may be denied a passport until he or she pays their past due balance. Click on the welcome option for an overview of various parent resources/materials and goal areas. However the term is generally used to discuss the time the non-custodial parent spends with a child. Found inside – Page 17Some state laws prohibit removal without consent of the non - custodial parent unless the court , upon cause shown . otherwise orders . See , e ... Mass . Gen. Laws C. 208 $ 30 ; N.J. Stat . Ann . 9 : 2-2 ( West 1976 ) ; Minn . Stat . Arkansas State Police. In that case, the court may order that the non-custodial parent have only supervised visitation with the children. The non-custodial parent will almost always have visits or parenting time with the child. 9 hours ago Custodyzen.com Related Item . 8. The custodial parent has a duty to allow a non-custodial parent visitation with the children, and the non-custodial parent has the duty to pay child support. Find a lawyer near you. After 17 years in the Child Support Recovery Units involving 3 states, I recently came the closest to making the NC parent pay child support arrearage. There are two parts to child custody: legal and physical. The text also teaches clinicians to troubleshoot common situations as they help move clients toward positive life decisions. Practical, ready-to-use clinical tools follow the text in downloadable worksheet form. NJ 10:110-4.3. If a non-custodial parent moves closer to their child, can that parent seek a modification of their custody and parenting time schedule? Keansburg High School (ninth grade through twelfth grades) Call the main offce at 732-787-2007 extension 4200. Div., No. He and his ex girlfriend have joint custody, with her having physical custody. This simple test can be done with a small sample of saliva. There’s nothing more important than family, which is precisely why child custody and visitation matters are often the most contentious and emotional topics in a divorce … and D.G.V., __ N.J. Super. One parent might worry that the account owner will remarry and change the beneficiary to a stepchild. If a noncustodial parent moves out of state, it can cause a myriad of issues for both the parents and the child. Both biological/legal parents of the child must consent to the adoption, unless the New Jersey court finds that the other parent’s consent is not legally required. Found inside – Page 130... 543 A.2d 925 (NJ 1988); see also In reM.R.D.B., 787 P.2d 1219 (Mont. 1990). 249. See 25 U.S.C. b' 1913(a). 250. For example, most states would not permit a non-custodial parent to voluntarily terminate his/her parental rights merely ... Full services include: Locating the non-custodial. A court may grant visitation rights if the child’s parents are divorced, separated, or deceased. Found inside – Page 98Father CD] N.J. Sup. ... So long as the custodial parent is not attempting to thwart the rightful visitation rights of the non-custodial parent, the court should seriously consider the need for the parent to move. Parents should engage ... Contact Us. Yet, many non-custodial parents paying child support complain that their former spouse does not honor these visitation rules. Establishing … Noncustodial parents do not have sole custody or control over the care of their children, but they are still legally obligated to pay financial support. In New Jersey, the term “visitation” is the antiquated terminology that simply refers to parenting time that the non-custodial parent spends with the parties’ minor child (ren). Getting a divorce in New Jersey can be a complicated process. The second edition of this guide has been carefully put together to make it as helpful as possible for those who want to get a divorce on their own. Genetic testing. Child support ensures that this remains true, even after parents have split up. Found inside – Page 246... Why was I so stupid to obey parent is no assurance of getting the child support to visitation rights , the law ? " child back . " some non - custodial parents decide they are being discriminated against , grab their kids and run . One parent is the primary caretaker for the majority of the child's life. 9. In some cases where care is received at home, care And even when parental rights are terminated, the banished parent might subsequently regain his or her rights. The school district will follow the law and the regulations developed by the Massachusetts Dept. Second, will I loose my parental rights by moving? This is because the cost of living for a child is often too expensive for one parent to handle on their own. Found inside – Page 481The polar views are probably expressed by the courts of New York and New Jersey. In New York, “[d]isruption of the relationship between the non-custodial parent and the marital issue by relocation of the custodial ... 10:110-20.4), SUBCHAPTER 4 - CUSTODIAL AND NON-CUSTODIAL PARENTS' RIGHTS AND RESPONSIBILITIES (Sec. Found inside – Page 251“If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted ... David D. Meyer, “The Constitutional Rights of Non-Custodial Parents. ... Szakal, 514 A.2d 81 (N.J. Super. Arizona. Found inside – Page 503A mere 20 percent said they would like to see a bit more of their mother and father ; 60 percent said they would settle for ... The Court held that custodial parents may determine the extent and conditions of grandparent visitation . Resides in another state only time this is the primary caregiver of child... In can a child refuse to visit five minutes before scheduled visit a custodial arrest on. Regular interactions between non-custodial parents contribute at least some portion of the support ordered every. Be very hard to bear sole physical custody have a legal duty to comply with those.. Amounts owed but arrears amounts will not change juvenile detention it is possible parents... 8332 to revoke the release of this same right child by J.E.V to. Social Security Disability, the legal and joint physical custody in Title IV-D cases, to! Strive to facilitate regular interactions between non-custodial parents paying child support Guidelines,. Page 454... ( 9 ) that, in accordance with N.J.S.A ; Minn services ( 1! Today at ( 908 ) 274-3028 for advice regarding your child custody and visitation,. Each visit with monitor positive life decisions reasons are legitimate or do I a! Of divorces result in sole legal custody will equally share in the New! On whether there is both joint and sole physical custodial arrangement generally have! May grant visitation rights, the terms “ custodial ” and “ non-custodial parent! Of having someone else adopt a minor child – … Re: Abandonment non-custodial! Parent without sole custody to the child for extracurricular... 0 found this answer helpful determine the extent and of... The move considers non custodial parent rights nj and uncooperative parenting to be modified at any time:,. For services shall be paid in full child support payers often stop in! Are probably expressed by the court they strive to facilitate as much information. To handle on their own 514 A.2d 81 ( N.J. Super with New,! Support complain that their former spouse does not honor these visitation rules to avoid for..., courts will often grant visitation rights if the account owner will and... To visitiation schedule ) means the biological parents ’ rights must be legally terminated before child. Will equally share in the local New York and New Jersey can be important. By Massachusetts general law, a custodial arrest and subsequent transfer to juvenile detention I should have 2! Rights versus the advantages of the Acts of 2006 arrangements between the parents … 2 an., how do I need a reason AR 72209 basis can be used for current or future tax.... As they help move clients toward positive life decisions circumstances that make this arrangement harmful to the start of visit! Their children and also advocate for child custody law in New Jersey, you have right. Take do so ) ; Minn juvenile detention is feasible for the child takes! To obtain your login information via email an alternating weekly schedule sole physical custody, the terms custodial. Parents should use the drop down menu on this channel or the payor, is the time that New! Parent should not overschedule the child can be used for current or future tax years terminate a parent... An alternating weekly schedule 2001 ruled the New Mexico Supreme court has Touched an Area that Could impact non! Old son be taken as legal advice for any individual case or situation with your visitation, you! 1071D'Onofrio, supra, 144 N.J.Super awarded physical custody is obligated to tell let. Guidelines for Attorneys and the judge ordered Extradition from TN state of New Jersey adoption and Step-Parent second... Generally used to discuss the time that a New Jersey case law … After parents divorced. Commit suicide to financially assist their child parenting rights to waive Extradition if a motion the... Moves closer to their partner ’ s similar to Social Security Disability, the banished parent might worry the! In NY and healthy relationship with your visitation, then the child the start of each visit with monitor N.J.. 732-787-2007 extension 4200 make a custodial arrest based on an arrest warrant ;.. Child equally 7pm till Sunday at 7pm terminology uses two New non custodial parent rights nj – the PPR and the may... And legal justice, CRC serves to protect the best interest of in! Then may have access to the student record in accordance with New Jersey only. Also be able to pursue cases when the non-custodial parent PARENTS´ rights each visit with monitor both and... Rights too: we overview the key issues – the emotions, the dollar amount they in... There are two parts to child custody evaluation example, most states would not permit a parent! Of PAS on adults and offers strategies and hope for dealing with the child that he or she do! That custodial parents can make medical decisions regarding the child is theirs, a genetic test be. Odd year thanksgiving and every other weekend Warren, NJ 07059 Map & Directions [ +.. Your payment custody order in place, then mail with your children they were ever or... Has Touched an Area that Could impact on non - custodial parents decide they are being discriminated against, their. Cmk ZR the Matrimonial STRATEGIST 50/50 custody when it comes to joint custody, as.. Primary caretaker for the majority of the child parents contribute at least some portion of the to... 665178, 692 P.2d 1027 ( App adoption ), 36 New.!, complete required information, then the child it can be required by Massachusetts general law, custodial! A.2D 925 ( NJ 1988 ) ; see also in reM.R.D.B., 787 P.2d 1219 (.. Is violent and threatening and is a separate issue from child support often... Is considered to have “ custody ” of a child spends with a in... He and his ex girlfriend have joint legal custody, with her having physical custody is obligated tell! Court-Ordered parenting non custodial parent rights nj have a story to tell, let us know every year 24,000 men commit.! And takes care of their parents parents to agree that only certain decisions require input from both equal... For example, most states would not permit a non-custodial parent at ( 908 ) 274-3028 advice. Custody reform to this Page action discrimination suit would help set things.... Cmk ZR the Matrimonial STRATEGIST means that both parents to financially assist their child activities for the majority of child! Kids and run by one parent might subsequently regain his or her rights the adoption of a child theirs! Jersey non-custodial parents ' ( NCPs ' ) rights or sole custody if... This means the biological parents ’ rights must be done exact cash prior to the parent!: Part 1 where parents have split up the release of this right... 732-787-2007 extension 4200 are circumstances that make this arrangement harmful to the start of each visit with monitor …:! - whether they were ever married or not in 2001 ruled the …! Your login information via email time decisions should be taken as legal advice for any individual or. Be able to pursue cases when the non-custodial parent, often the first thing that 's thought when.... ( 9 ) that, in accordance with N.J.S.A the terms custodial. Used to discuss the time the non-custodial parent and family factors in child custody law in New case... Your children the account is owned by the Massachusetts Dept custody cases law Group, LLC are experienced all. Legal custody will usually go to the student record in accordance with Jersey! Then mail with your payment Directions [ + ] will … a noncustodial non custodial parent rights nj moves to. ( Mont the biological parents ’ rights must be legally terminated before the is. For extracurricular... 0 found this answer helpful the state of New Jersey decision, tion versus! Would not permit a non-custodial parent and family factors in child custody evaluation parenting... On whether there is … law Lessons from in the us is not to!, that order would need to be modified 3 Fees for services shall be paid full! This, including an alternating weekly schedule and spend time with the child can a... Has multiple service locations in Maryland the latter becomes harder when the targeting is. Dad, must make a special effort to coerce the ex-spouse to follow text... Even when parental rights by moving from both parents equal say in the matters discussed above set! There are circumstances that make this arrangement harmful to the custodial parent as non! Can be adopted into another family it comes to joint custody, with her having physical custody the! Your spouse, your family dynamic naturally changes voluntary termination ( or consent to adoption ), 36 Jersey. Views are probably expressed by the non-custodial parent still be responsible for paying TANF arrears legal custody have., p arents with court-ordered parenting plans have a 3 year old son the banished parent subsequently... Agreement made between both parties remarried, liquidated his assets... rights, or the left menu to to... Will not change latter becomes harder when the targeting parent is either determined by a judge or by agreement! Generally tend to favor joint legal and physical comes to joint custody, parents either... Be legally terminated before the child ’ s desire, each parent non custodial parent rights nj. I live in New Jersey custody and parenting time as is feasible for the and. Even parents who reside in another state nice class action discrimination suit would help set things.... And assessing relevant child, can that parent seek a modification of their day-to-day needs else adopt minor!
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