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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?
Magick0468
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?
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∙ 15y ago
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Can you take your child out of school if you are not the legal guardian but you have joint 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.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.
What would determine if you can move with your child?
Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.Whether you have sole legal and physical custody or the other parent has any parental rights.
If you receive TANIF for your child do you have custody?
TANF eligibility is based on physical custody, not legal custody.
What is shared legal custody mean?
Shared legal custody means that both parents have equal rights to make decisions regarding the child. One parent may have physical custody with the non-physical-custody parent paying child support.
Can a mother with joint custody give child to somebody else other than father?
No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.
Can you make decisions for your child regarding such things as religion and doctors if you have primary physical custody?
Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.Not if there is joint legal custody. You should consult with an attorney to determine your rights under the laws in your state.
If you get physical custody do you have to pay child support?
If the courts grant legal custody, the custodian shouldn't have to pay child support.
Can you get custody of your child if the mother leaves state and never has him?
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.
If mother has physical custody of the child who has the authority to make burial decisions?
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.
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 supervisionprimary physical custody- physical care and supervision for the majority of the timejoint physical custody- parents share physical care and supervision
If legal and physical custody was granted to the mother is that the same as full physical and full legal custody?
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
My daughter's mom dropped her off with me over 5 years ago. We dropped child support no change was made to legal custody. What should I do to ensure that I have legal and physical custody?
You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.
