How does a parent who has primary physical custody obtain sole custodial rights?

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In some states a petition can be filed by the primary custodian to amend the current custodial order.
The usual procedure is to file a new custody suit/petition in the appropriate state court in the county where the petitioner resides.
Judges are very reluctant to grant sole custody to one parent.
It is generally granted only when the non custodial parent agrees to relinquish their parental rights or a parent is found guilty of abuse and/or neglect and/or endangerment.
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How can you get sole physical custody?

%DETAILS% The first thing you need is hard proof that your child would be in danger when he is left with his father, witnesses, police reports of past incodents, you can even ask for supervised visitations, so your child will never be alone with the father. Good luck! I have temp custody of my cousin who is 10 months old I have had her in my home for 7 months now both parents are in jail, I want full custody of her due to the fact the child is at high risk, with violence and neglect in the home, both grandparents are drug users, and been in trouble with the law. they do not help finicially take care of her nor do they see her but every 3 months are so 1 visit. I know longer know what to do? can you help?

What is the difference between primary physical custody and sole custody?

Answer . Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted.. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, etc.) concerning the child.. Sole custody does not mean the non custodial parent can be denied the rights of parental visitation.. • In my case, I have primary custody AND sole legal cstody. Being primary custody gives the father the right to make a decision in the event of an emergency, but that's about it. It basically means the father can see the child and take hher out of my home. But, because I have sole legal, he cannot make any decisions concerning anything religious, medical, educational, etc. Having sole legal gives me the right to get her a passport without his permission as well! Sole/Primary/Joint custody essentially just determines where the child lives and who the main care-taker is. It is "legal custody" that determines the right to make decisions.

Do you have a right to move the child overseas if you have joint custody with father and you have primary physical custody?

No. A minor cannot be removed from the jurisdiction in which the custody was awarded, without the permission of the other parent and the Family Court. In FL our lawyer told us it is the other parents permission OR that of the family court. But that both are not necessary to move with the child. ANSWER In NZ i had a similar experience where i wanted to leave for Australia and in order to do so i had to apply to the family court for an order of removal of child and in order for the family court to grant my application i had to have the other parents approval or a valid reason for wanting to move that was in the best interests of the child ie for financial reasons health etc and i also had to grant regular access to the father which did result in split costs of his airfare to Aussie to see his child. The only way around this is if you and the biological parent where not married or living together before or after the birth of your child, this would make him a non guardian and therefore not entitled to a say in the child's life and for that reason you could contest the joint custody. you?

What is the difference between physical and sole custody?

ANSWER: Physical custody refers to who the child lives with, the child'smain care giver. Legal custody determines who can make decisionsconcerning the child. There are many variations. Examples: One parent can have sole physical custody with both parents sharinglegal custody. One parent can have sole physical and legal custody while the otherparent has visitation rights.

What is taken into consideration if one parent has primary physical custody but makes more than the non-custodial parent?

Answer . Usually the state has a formula for computing support based on how much money each parent makes. If you make more than the non-custodial parent but are responsible for insuring the minor child, those costs should be computed at that same percentage and included in the support order. Anything extra, such as fees for special education, sports, medical, dental, or orthodontics not covered by the insurance should be split the same way on an as-needed basis, with the non-custodial parent paying the their share within 30 days of the payment having been made.

What is the procedure for obtaining legal custody of a friend's child if she is willing to relinquish her parental rights.?

Answer . File at the courthouse. Then hire a lawyer.\n. \n . \n A parent cannot transfer custody except on a very limited basis, generally three months or less. The mother would have to relinquish her parental rights through the court procedures as required by the state in which she lives. The person who now has the child could petition the court for guardianship or a request for adoption. \n. \nHowever, the biological father would have to be notified of the procedure(s) and has the legal right to contest any and all if he so chooses. It is best that such matters be handled by a qualified attorney and in the matters of guardianship or adoption it is a requirement

What rights does a non custodial parent have that has no legal right to the child If the child does not want to return home to the custodial parent that has sole custody Child is 17 Senior in a dif st?

Answer . Answer. If you have a good parenting relationship with the ex, discuss the issue with them. You'll need to be certain that the child is not using this as a way to avoid reasonable issues (curfew, schooling, household responsibilities) at his current residence. Set the same expectations. Many states will allow a child over 12 or 13 to choose one home over the other, but you will have to go to court, if you cannot get an agreement from the custodial parent. Don't forget to get some document of your having rights to sign for schooling, medical and so on, and to provide insurance and other of the child's needs. Child support won't automatically be the same, either.

If you have primary physical custody and joint legal custody do you have move rights then the parent that does not have physical custody when it comes to the best interest of the child?

Answer . yes and no. joint legal basically means the other parent can get any and all legal info on the child such as medical records, school records and of course anything legal or court related if the child gets in trouble and in some cases the other parent is invloved in major decision making like life support etc.

What are the rights of the custodial parent?

Generally, the custodial parent has the right to make all legal, medical, educational, etc., decisions for their child. Generally, they do not have the right to move from the jurisdiction without the consent of the court.

If a parent with sole custody dies can the step parent assume custody?

I'm not a lawyer, but I would presume that providing the other parent is not of a position to take care of the child, or is banned by the court from having custodial care of the child then it would presume that the step parent would become primary caretaker, of course that is assuming no immediate family members who are still living may provide better care. Of course the law changes according to state/country.

What are sole custody rights in Kansas?

Kansas Statutes State: Sole legal custody. The court may order the sole legal custody of a child with one of the parties when the court finds that it is not in the best interests of the child that both of the parties have equal rights to make decisions pertaining to the child. If the court does not order joint legal custody, the court shall include on the record specific findings of fact upon which the order for sole legal custody is based. The award of sole legal custody to one parent shall not deprive the other parent of access to information regarding the child unless the court shall so order, stating the reasons for that determination. http://kansasstatutes.lesterama.org/Chapter_60/Article_16/60-1610.html

If you have Primary physical Custody does the non-custodian parent have rights to medical decision's on medical records?

It depends on whether or not the other parent has joint LEGAL custody which is different from Physical custody. If you were married to the other parent and now divorced, you'll have to go back and check out what is ordered in your final settlement paperwork to find out. If you weren't married, was there any court case which determined custody between the two of you? You can contact the Family Law Facilitator in your county (through the courthouse- family law division) to obtain more specific information for free. Call them for details on availability for consultation.

What are the rights of a non-custodial parent?

This is completely up to the state that you live in and the termsof your custody agreement, or parenting plan. The state should havea website with their information available for free. If there is aparenting plan in place then many of the specifics have beendecided already through that process (Visitation schedule andholiday arrangements, for instance). These specifics can be changedusing a mediation method, but they can be a messy ordeal if bothparents do not agree to the suggested changes.

How can you get joint custody or physical custody when mother has sole custody of child?

There is a difference between physical and legal custody. The court can award joint legal custody to the parents and determine that one parent will have physical custody. It can also award joint physical and legal custody with the child sharing her time equally at the homes of the parents. Joint legal custody custody is usually reserved for parents who get along and are willing to raise their child on a solid foundation of cooperation. Couples who do not get along are not good candidates for joint legal custody and that factor will be considered in the decision by the judge. The father can petition for a modification of the custody order but he will need to provide evidence that the modification is warranted, usually by showing there has been a change in the circumstances that caused the judge to award sole custody to the mother. In order to convince the court to take physical custody from the mother, the father would need to provide evidence that the change would be in the best interest of the child based on the unfitness of the mother as a parent. See the related question link for factors the court may consider if asked to declare a parent unfit. He should consult with an attorney who can review the situation and explain both his options under state laws and his chances of success in the particular court. An attorney could present the father's petition in the best possible manner.

If you have sole legal and physical custody of your child do you have the right to determine who will care for him if you were to die?

In general, the child's other parent is the natural guardian of the child. The surviving parent would have the right to custody of the child after your death. The surviving parent could be divested of that right under the same circumstances that would support termination of the parent-child relationship (unfit parent). If the other parent does not survive, then the decedent could name a guardian fo the child. That nomination should be given great weight. Even that, though, is not absolute. Children are not property, so the best interests of the child should be paramount.. Not being a parent, only a teacher, I would say yes but knowing the courts "they" may be able to override your decision based on any number of things: grandparents, siblings, cousins, potential foster or adoptive parents, etc. What state do you live in?

If no parent has custody who has the right to the child?

The court must appoint a legal guardian. However, if custody has been taken from the parents by the court there would be some other guardian appointed. An unmarried mother automatically has sole custody of her child unless and until the father establishes his paternity in court.

Can sole custody can be change a join custody for the non custodial parent?

If the court grand you a sole custody is because the conflic with the non custodial parent exist , Tha never can be change. What is happen is have a visit right and residencial temporally time on his righ visit but the sole custody decision make is only one person and never can be change.. Some non custodial Parent use that to excuse not to see his children and asume his responsability for the visit but is his own los.. Take all the step for the best interest the your child. good luck to you?

How do es a non custodial parent obtain joint custody?

You file for it. If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading a 200 page educational manual that can teach you what you need to know. Take the time to learn what you can and should do. see link below

If a non custodial parents has not seen there child in eight years what are your right as primary parent?

According to the US Dept. of Health & Human Services study, "Survey of Absent Parents" over 60% of mothers regularly violate the access rights of fathers, cutting off all contact between the children and their fathers within five years. Unlike child support, mothers are not jailed, even with multiple Contempt of Court ruling against them for violating the fathers' court ordered visitation rights. As the vast majority of these cases involve the primary violating the court orders, while claiming the father is not involved on purpose, there's no suggestions to be made.

Arkansas laws on primary custodial parent does there have to be a custodial oarent?

Arkansas has no true shared custody, and therefore the judge always indicates which parent has prime custody. Even if the parents agree to shared custody, the non-prime parent is only given the right to the standard visitation unless the parties work out and submit in writing a more lenient visitation schedule. I k now this to be true, because my son and his ex got a divorce and asked for shared custody. The final decree gave his primary custody and her the every-two- weeks, etc., she would have gotten in any case. They shared because he wanted to. My granddaughter thought it would work for her, too, but her ex didn't stick to the plan once he got prime custody and she only sees her son when the papers allow her to.

What is the difference of Parental or custodial rights?

Single fathers have no assumed parental rights, thus the mother has sole custody and control. The must have parental rights first to obtain any type of custodial rights, such as visitation and/or joint custody. see link below

Can you pick up your child from school if other parent has primary physical custody?

You can pick your child up from school if you have joint legal custody. However, picking a child up after school is not something that can be left to chance. It should be arranged by agreement between the parents. You should be discussing this issue with the other parent. You should not be thinking of stopping by the school unannounced to pick the child up when there is a usual routine in place. Any time the usual routine will be modified the other parent, the child and the school should be notified in advance.

Is Primary Physical Custody the same as being the Primary Parent in Nevada?

Primary parent may informally refer to the parent with whom the child lives for the majority of the time. Primary physical custody is the legal term for the parent with physical care and supervision of their child for the majority of the time. Child support and custody is an extremely complicated area of law in Nevada which is somewhat behind the times in defining and clarifying these issues. If you need legal advice in that area you need to consult with an attorney who specializes in family law and who has a good reputation. A parent may have sole legal custody or joint legal custody . . A parent with sole legal custody can make all the decisions regarding the child such as education, medical treatment and religious training. . Joint legal custody means that both parents have a equal right to make decisions regarding the child. Parents with joint legal custody may have different arrangements regarding physical custody. They may share physical custody equally or the child may spend more time with one parent. If a parent has physical custody of the child for the majority of the time they are considered to be the primary parent . Physical custody is a different issue. Nevada recognizes three forms of physical custody: . sole physical custody - sole physical care and supervision . primary physical custody - physical care and supervision for the majority of the time . joint physical custody - parents share physical care and supervision Primary parent may informally refer to the parent with whom the child lives for the majority of the time. Primary physical custody is the legal term for the parent with physical care and supervision of their child for the majority of the time. Child support and custody is an extremely complicated area of law in Nevada which is somewhat behind the times in defining and clarifying these issues. If you need legal advice in that area you need to consult with an attorney who specializes in family law and who has a good reputation. A parent may have sole legal custody or joint legal custody . . A parent with sole legal custody can make all the decisions regarding the child such as education, medical treatment and religious training. . Joint legal custody means that both parents have a equal right to make decisions regarding the child. Parents with joint legal custody may have different arrangements regarding physical custody. They may share physical custody equally or the child may spend more time with one parent. If a parent has physical custody of the child for the majority of the time they are considered to be the primary parent . Physical custody is a different issue. Nevada recognizes three forms of physical custody: . sole physical custody - sole physical care and supervision . primary physical custody - physical care and supervision for the majority of the time . joint physical custody - parents share physical care and supervision Primary parent may informally refer to the parent with whom the child lives for the majority of the time. Primary physical custody is the legal term for the parent with physical care and supervision of their child for the majority of the time. Child support and custody is an extremely complicated area of law in Nevada which is somewhat behind the times in defining and clarifying these issues. If you need legal advice in that area you need to consult with an attorney who specializes in family law and who has a good reputation. A parent may have sole legal custody or joint legal custody . . A parent with sole legal custody can make all the decisions regarding the child such as education, medical treatment and religious training. . Joint legal custody means that both parents have a equal right to make decisions regarding the child. Parents with joint legal custody may have different arrangements regarding physical custody. They may share physical custody equally or the child may spend more time with one parent. If a parent has physical custody of the child for the majority of the time they are considered to be the primary parent . Physical custody is a different issue. Nevada recognizes three forms of physical custody: . sole physical custody - sole physical care and supervision . primary physical custody - physical care and supervision for the majority of the time . joint physical custody - parents share physical care and supervision Primary parent may informally refer to the parent with whom the child lives for the majority of the time. Primary physical custody is the legal term for the parent with physical care and supervision of their child for the majority of the time. Child support and custody is an extremely complicated area of law in Nevada which is somewhat behind the times in defining and clarifying these issues. If you need legal advice in that area you need to consult with an attorney who specializes in family law and who has a good reputation. A parent may have sole legal custody or joint legal custody . . A parent with sole legal custody can make all the decisions regarding the child such as education, medical treatment and religious training. . Joint legal custody means that both parents have a equal right to make decisions regarding the child. Parents with joint legal custody may have different arrangements regarding physical custody. They may share physical custody equally or the child may spend more time with one parent. If a parent has physical custody of the child for the majority of the time they are considered to be the primary parent . Physical custody is a different issue. Nevada recognizes three forms of physical custody: . sole physical custody - sole physical care and supervision . primary physical custody - physical care and supervision for the majority of the time . joint physical custody - parents share physical care and supervision

What rights does a parent with sole custody have?

There are different types of custody: sole physical custody, where the child resides primarily with one parent but the non-custodial parent is typically awarded visitation rights, and sole legal custody, where one parent makes decisions in the child's life pertinent to their welfare. So, rights are delineated dependent upon the same.

What are your rights if you have joint legal custody and the other parent has primary physical custody?

You have the right to a regular visitation schedule that must be followed by the parent with physical custody. You have the right to join in any decisions that must be made regarding the child such as medical treatment, education, religion, sports, dental treatment, etc. You have the right to a regular visitation schedule that must be followed by the parent with physical custody. You have the right to join in any decisions that must be made regarding the child such as medical treatment, education, religion, sports, dental treatment, etc. You have the right to a regular visitation schedule that must be followed by the parent with physical custody. You have the right to join in any decisions that must be made regarding the child such as medical treatment, education, religion, sports, dental treatment, etc. You have the right to a regular visitation schedule that must be followed by the parent with physical custody. You have the right to join in any decisions that must be made regarding the child such as medical treatment, education, religion, sports, dental treatment, etc.

What rights does a mother have with parental rights but not physical custody?

It all depends on what parental rights she has and that depends on physical and legal custody. She may have visitation rights if she has requested a visitation order from the court and she may also have the right to take part in making decisions for the child if she has joint legal custody. It all depends on what parental rights she has and that depends on physical and legal custody. She may have visitation rights if she has requested a visitation order from the court and she may also have the right to take part in making decisions for the child if she has joint legal custody. It all depends on what parental rights she has and that depends on physical and legal custody. She may have visitation rights if she has requested a visitation order from the court and she may also have the right to take part in making decisions for the child if she has joint legal custody. It all depends on what parental rights she has and that depends on physical and legal custody. She may have visitation rights if she has requested a visitation order from the court and she may also have the right to take part in making decisions for the child if she has joint legal custody.

What are the chances of stepmom getting primary physical custody of a child when father has sole physical custody and stepmom only has shared legal custody and is separated from dad?

There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction. There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction. There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction. There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.

Can a mother obtain sole or primary legal custody of her son if his father is terminally ill and in the hospital even if they already have a custody and visitation order in place?

"Can" pr; imary custody be obtained under the scenario you've given? Yes. But, the real questions is "Why?" It sounds as if biological father is going to die ... And, I'm guessing that Dad has custody? Because he is in the hospital, he is clearly unable to care for his / your child(ren) without the assistance of another responsible adult. As the biological mother, you are the preferred choice for the custodial parent IF you have not given the court reason to believe that you are a neglectful and/or abusive parent. You should contact the attorney who handled the original custody hearing for you. S/he will file a Motion to Modify if it is warranted. Or, s/he will advise you of your options. It all depends on the particular facts of your situation. Rebuttle: Our current custody agreement is for myself to have our son for the week and his father to have him on the weekend. His father has stage 4 hodgkins lymphoma and is currently admitted for his bone marrow transplant. Our current order states that is one parent is PERSONALLY able to care for the child then the child will go to the other parent. My sons father will be in the hospital for an undermined amount of time and the total recovery time for his procedure is anywhere from 6months-1 1/2 years. The father and I have been butting heads on EVERYTHING even through his previous treatments and current treatment. I try to compromise as much as I can, but he is unwilling to budge on any decision if it isnt exactly what he wants. I do not feel that he is an unfit parent, nor do I feel he should have zero parental rights, but I do feel that given his current situation he is not thinking of what is best for our son. He refuses to agree on a school (even though our son is to start in september and his father will not be fully recovered by that time) and he also wants for his parents to take over his visitation days as if they were there own......when my sons father and I had agreed previously that if our son had the ability to be with either his mother or father first that that would happen before sending our son with other family members. I in no way have tried to keep my son from his father, nor would I ever do so. I am fully supportive of our son visiting his father and having as much time with his father as possible. However I do not feel his father is in the right mind frame to decide what is best for our son. He is only making decisions on what is best for his self and not what is best for our son.

What is the difference between primary custody and primary physical custody?

They are two terms used interchangeably that essentially mean the same thing. Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sometimes a parent may have primary physical custody but the other parent may have legal custody, meaning one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." This parent can make all decisions without seeking in put from the other parent.

How long does the custodial parent have to be away with no contact for it to be considered child abandonment in the State of Arizona so the non custodial parent can file for sole custodial rights?

Abandonment of a child is defined in Arizona Revised Statute Section 8-201(1) as failing to supervise or support a child with the intent to allow that neglect to go on for an indefinite time. If this form of neglect continues for a period of six months the statute presumes the parent has abandoned the child. However courts will consider certain extenuating circumstances on the part of the parent accused of child abandonment before making a final determination. Consult an attorney specializing in family law for more information.

Can you change a scheduled visitation weekend if you have sole legal and primary physical custody?

No, not arbitrarily. You would need to work it out with the non-custodial parent and get their consent to the change. A good solution might be to offer to substitute another visitation time that would be appealing to the non-custodial parent. If the non-custodial parent doesn't agree you may need to alter your own plans. If you simply choose to not follow the visitation order you would be in contempt of a court order and the other parent could file a motion for contempt.