It all depends in what state you live in, but if the father wants to fight it he very well can and quite possibly win.
Even if Dad doesn't win, it's possible the court might order you to pay all travel expenses so that Dad can maintain his visitation, which can get expensive.
You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.
Physical custody means that a person (typically the parent) has the right to have the child living with them. This could be sole physical custody, or even joint physical custody in which the parents share custody of their child.
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
Yes, but there are steps you must take to get to that point. First, you will need to file a petition to legitimate child and modification of child custody (unless you are legally married to the mother). Normally, in most Georgia cases, you will automatically be granted joint legal custody, but not necessarily joint physical. Determination of physical custody will depend on MANY different factors. You may have to prove the mother unfit... more than that, you will have to show that the 'change in custody' will be in the best interest of the minor child... not the parties.
Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
The party with legal custody makes the decision. Physical custody is another matter between the parties. Many couples have joint custody with physical custody to the mother. Whoever has legal custody has the right to make important decisions.
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.
Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.Not if you do not have legal physical custody. The school would not have any right to release the child to you if the other parent has sole physical custody.
The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.
Use the same methods fathers do in these situations. Consider Bird Nest Custody. Even with joint physical, you will need to pay child support and alimony. see link