Custody
Children and the Law
Child Support

Can you get more child support by having primary physical custody?

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2005-11-05 03:15:07
2005-11-05 03:15:07

If you have primary physical custody you are entitled to support. How much support is figured in a formula based on how much money each of you makes and how many days (or overnights) each of you has time with the child. Depending on the state, if the child stays with the other parent over a certain set amount of time, then that parent is responsible to pay less child support. Most states are trying to push joint physical custody where the child spends 1/2 to 2/3 of the time with the primary caretaker and the rest with the other parent.

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Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect.Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect.Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect.Parents often have joint custody with one parent having physical custody. Generally, the parent with physical custody receives child support from the non-physical-custody parent. There are other arrangements whereby the parents share physical custody. States are required to have child support guidelines and the guidelines will control who pays child support and how much. The court will issue a court order to that effect.

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Fathers are frequently ordered to do so there, despite having primary custody. see link below

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It depends on the type of joint custody. Custody is broken down into two subcategories- legal and physical. Legal custody is the ability to make decisions concerning the child and to act on the child's behalf. Physical custody is who the child lives with. Typically unless the child spends exactly 50 percent of the time with each parent, one parent is considered to have primary custody and the other parent to have secondary custody or visitation rights. Child support is based on who has primary physical custody, and that parent is typically awarded child support from the parent who has the child less since having the child more usually means that you provide for more of their needs as well.

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The purpose of joint legal/physical custody is for the parents to cooperate in all decisions, but in the real world this has not happen. see link

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Full custody is defined as one parent of a child having sole control over a minor child with the other having no custodial rights. Primary custody means that both parents share custody (also known as joint custody) but the primary custodian is the parent that the child spends most fo their time with/lives with on a regular basis. In other words, the parent that is not the primary custodian is the one that has the visitation rights.

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yes the father should pay for child support. It is his child and wouldn't you want the best for him/her so yeah fathers do have to pay child support!

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Sometimes, neither parent. However, usually one parent is designated as having primary custody and, typically, is awarded some support.

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A custody order can only be granted by one court usually in the state where the child presently resides. Judges are very reluctant to grant joint custody when the parents live in separate states. The usual procedure is for one parent to be granted primary physical custody and both parents sharing joint legal custody. The parent not having primary custody would be responsible for making his or her travel arrangements and living accomodations (or that of the child depending on the age) during visitation unless there is a different agreement made with the primary custodial parent.

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having primary custody means you are the custodial parent because you have the child for the majority of the time, (meaning more than 50%)in support court that helps alot, since you have the child the majority of the time(more than 50%) that makes you the custodial parent and you have the right to receive child support Primary custody just means that the child lives "mostly" with that parent. Here are the definitions in CA 3000. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. 3002. "Joint custody" means joint physical custody and joint legal custody. 3003. "Joint legal custody" means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. 3004. "Joint physical custody" means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents, subject to Sections 3011 and 3020. 3006. "Sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. 3007. "Sole physical custody" means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. You need to view the case law to get more details. for more info visit steveshorr.com

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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. โ€ข 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.

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Having joint legal and physical custody will not necessarily cancel out the requirement to pay child support. The court will use the state guidelines and factors such as the income of each parent, who provides medical insurance, the amount of time spent with each parent, the child's needs, etc.Having joint legal and physical custody will not necessarily cancel out the requirement to pay child support. The court will use the state guidelines and factors such as the income of each parent, who provides medical insurance, the amount of time spent with each parent, the child's needs, etc.Having joint legal and physical custody will not necessarily cancel out the requirement to pay child support. The court will use the state guidelines and factors such as the income of each parent, who provides medical insurance, the amount of time spent with each parent, the child's needs, etc.Having joint legal and physical custody will not necessarily cancel out the requirement to pay child support. The court will use the state guidelines and factors such as the income of each parent, who provides medical insurance, the amount of time spent with each parent, the child's needs, etc.

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Sure they do. They have the right to pay support, and they also have the right to visitation unless a court has denied a parent those rights. The custodial parent is the parent having physical custody of the child and usually that parent has sole legal custody. The child lives with a parent having custody, but still may see the non-custodial parent.ClarificationIt depends on several factors including marital status, what type of custody you are referring to and the details in the court orders, if any. One parent may have primary physical custody with both parents having joint legal custody. There are different arrangements.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.Generally, if the parents are unmarried and have never been to court the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

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It depends on who has legal custody. One parent may have primary physical custody with both parents having joint legal custody.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.It depends on who has legal custody. One parent may have primary physical custody with both parents having joint legal custody.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.It depends on who has legal custody. One parent may have primary physical custody with both parents having joint legal custody.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.It depends on who has legal custody. One parent may have primary physical custody with both parents having joint legal custody.If the parents share legal custody they both have the right to make decisions regarding the child. Of course, they must eventually agree on a course of action. If one parent has sole legal custody that parent has the right to make decisions without any input from the non-custodial parent. That is why many judges only award joint legal custody to parents who are mature, who have the best interest of their child as their main priority and who have a good working relationship. If the parents do not get along and one parent is likely to sabotage every decision-making situation, many judges are more likely to award legal custody to the parent with primary physical custody and grant visitations to the non-custodial parent.

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Having no income is not a reason for making a change in custody. The father should be paying child support so the mother has some income coming into the home.

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usually the parent who can better provide for the minor ends up having custody, but that's not always the case.

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California Child Custody Laws refer to both legal custody and physical custody. Legal custody is having the right to make decisions regarding the health, education and welfare of the child such as choosing physicians, medical care, schools, etc. Physical custody is basically where the child lives day to day, with the parent having the right to make day to day decisions for the child. The court can award sole legal and physical custody to a parent, or joint legal and physical custody to both parents or a combination thereof. The general standard for determining custody is "What arrangement is in the Best Interests of the Child." This determination involves looking at every aspect of a child's life including that child's personality and unique characteristics as well as analyzing each of the parent's abilities, personalities and relationship with the child. If you are interested in obtaining custody, be sure to read everything you can about winning custody as early in your action as possible. The parent who is more knowledgeable about the process and better prepared is most often more satisfied with the outcome of a child custody battle.

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Custody is having the protective care or guardianship of someone or something.

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The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.The child lives with you and you are entitled to child support from the non-custodial parent.

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It depends on if you requested at court for child support. If you did than you have a better chance of not having to pay. If you didn't than you're out of luck!

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Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. Joint physical custody works best if parents live relatively near to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine. Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives will have sole physical custody, with visitation to the other parent. Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents.

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No. Courts do not generally sanction non-paying parents by using their custodial or visitation rights. Child support and custody are separate issues. Defaults in child support payments are addressed through Child Support Enforcement agencies in every state. If you are having trouble collecting your child support you should return to court, file a motion for contempt of a court order and request assistance from CSE. It has many ways to help you collect including garnishment of wages, intercepting tax refunds, loss of driver's license and incarceration.

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Do you mean can she agree to emancipate you? Even if she's willing to agree to it, the court still has to approve it, which means that you would have to meet all of your state's requirements for emancipation, such as having the ability to fully support yourself.


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