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Generally, yes. However, custody is a complicated issue and is generally determined by a judge.

  • If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.
  • If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.
  • Custody orders are made part of a divorce when there are minor children of the marriage. Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order.

Generally there are two types of custody addressed by courts:

  • Legal Custody: Legal custody refers to making major decisions in your child's life such as medical and health related decisions, education, and welfare.
  • Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.

Sole Legal

One parent has the right to make any decisions that affect the child.

Joint Legal

Both parents have the right to be involved in decisions regarding the child.

Sole Physical

The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.

Joint Physical

Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.

Generally the phrase full custody is used casually to refer to a parent with sole legal and physical custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custody means the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.

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โˆ™ 2014-12-07 03:04:15
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Q: Does the mother have custody when the child lives with her and the father pays child support?
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Related questions

Does the father of a child have to pay support if the mother does not work?

Yes the father would still have to pay child support if he did not have custody of the child and the mother did not work.

Can a mother chose for the father not to pay child support?

Yes, as long as you have custody of the child/children. Just as the mother can choose for the father to PAY child support.

If the father has custody but the mother raises the child can the mother get partial custody of the child?

If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.

If a father has custody can he keep the child from her mother if she is not paying child support?

No, child support and child visitation are two different matters. Neither a father nor a mother can be denied visitation based on the fact that they are not paying child support.

If the child lives with father but the mother received custody in the divorce does father still pay the mother child support?

If the divorce ordered the father to pay support, he owes that support until/unless the order is modified.

Father has full custody of children. Mother pays child support for them. Who is responsible for child care expenses?

The father does, since the mother is paying her share towards the children in the form of child support.

Does mother have to pay child support if father has custody?

Yes, if the courts say so.

Can a Mexican mother claim child support from a father living in the US?

Any mother can go to court in the US to claim child support form the father for a child she is caring for. Babies are not born by spontaneous combustion. The father is as responsible for the child's welfare as is the mother. If the child is living with the father and custody given to the father, the mother is liable for child support, too.

Does a father still have to pay child support if the mother is granted sole custody of a child?

Unless the father has his parental rights terminated, of course he needs to support his child -

If a father pays child support in the state of Georgia can he take the child from the mother?

A father has no right to "take the child from the mother" under any circumstances. Custody is determined by a court order. Obviously, in this case, the court has established a child support order and a custody order. Generally, the father must provide evidence that the mother is unfit in order to obtain custody through the court. Paying child support doesn't give any right to take the child from its mother.

Does the father still pay child support if the mother voluntarily gives custody to someone else?

No, if the mother voluntarily gives cutody to someone else, she can no longer be paid child support because she no longer has custody of the child. What happens now is the father can obtain custody because he does have rights or the person who has custody and have legal guardianship can file for assistance in which child support can be included or filed.

Does the mother have to pay child support?

Yes. If the father has sole custody or physical custody the mother will be required to pay child support under normal circumstances. Both parents are responsible for supporting their children.

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