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

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In Custody
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.
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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 cous ( Full Answer )

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, educationa ( Full Answer )

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. A ( Full Answer )

Is there a difference in child support between joint and sole custody?

Answer . \nIf the parties actually share joint custody and have the child with them 50% of the time, then there may or not be child support depending the the parties' respective incomes. If the parties share parental responsibilty but one of them is considered the "custodial parent" and the othe ( Full Answer )

How is child support determined for joint physical custody?

Answer . The father usually pays a portion of his salary for the child support and that is gauged on how much he earns. If you feel your ex mate is not spending that money wisely on your child, you can request receipts on the purchases. The judge also has the say in what you will pay and who is ( Full Answer )

Does the birth mother have sole custody of the child if she and the father were not married?

In all 50 US states the law presumes that an unmarried birth mother retains sole custodial rights to a child until the court rules otherwise. This applies to minors as well as to adults. Generally, if the parents are unmarried the mother has sole custody and control until the father can establi ( Full Answer )

Can an unwed mother who has joint but not physical custody be ordered by a court to pay child support?

Answer . \nUnwed, married and separated or divorced - ANY mother can be liable for child support depending on her financial situation and who has primary physical.\n. \nChild support is decided in most cases based on a formula. The parents' incomes are totalled (say 600/week and 1000/week=1600 ( Full Answer )

How can a Grandmother with joint custody get sole custody?

well to u and the person that askd how can u get sole custody if you have joint custody is to fight it in court show ur good points and views and explaine y ud b a better guardian if u had sole custody

How can a single mother gain sole custody of a child?

Look for information on filing child abandonment against the father in your state. People do this if the father is not present in the child's life, not paying child support, or is abusive.

If there is no court order for custody and the father has physical custody how can the mother get physical custody of the child?

In the United States both parents have equal rights to thechild if they are married and not divorced and there is nocourt order. Generally, if the parents are unmarried the mother has sole custodyand control in most states until the father can establish hispaternity. Remember, a child's mother c ( Full Answer )

Sole custody and child support?

Sole custody is when only 1 parent has the right to choose wheretheir child goes to school, which doctor they see, and whatreligion they partake in. Child support is the money that thenon-custodial parent will pay to help support the child.

Can I change from joint custody to sole custody?

You can petition the court that has jurisdiction for a modification of the custody order. The court will hear the testimony, evaluate the situation and render a decision that is in the best interest of the child. In many jurisdictions there must be a significant change in the circumstances in order ( Full Answer )

What is the difference between sole custody and sole physical custody when joint legal custody is shared?

Physical Custody . 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 relative ( Full Answer )

Does a parent with joint physical custody and joint legal custody have to pay child support?

It depends on a number of different factors. How often do you have the children vs the other parent? What is your income vs the other parent? etc. Child support is supposed to reflect the type of lifestyle your child may have had if the parents had stayed together. It is also to keep it fair to the ( Full Answer )

Where does a single mother get sole legal and physical custody of child?

If there are no existing court orders the mother already has legal custody. Generally, if the parents are unmarried 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 th ( Full Answer )

Does unwed mother have sole custody of her child?

You already have sole custody until the father establishes his paternity in court and requests custody rights. Unmarried fathers have no automatic rights. They must establish their rights through a court action. Generally, if the parents are unmarried the mother has sole custody and control in mos ( Full Answer )

Does unwed mother have sole custody of her child in California?

Generally, if the parents are unmarried 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 bi ( Full Answer )

Can a mother with prior drug issues get sole physical custody?

if the mom has turned her life around and can make a positive impact on her child's life then the courts or whomever should and will give her a second chance. this doesn't mean that she won't be supervised if the courts are involved. you can also keep your eyes open for any bad behavior regression c ( Full Answer )

What is the difference between sole custody and joint custody?

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 main categories of custody: . Legal Custody: Legal custody refers to making ma ( Full Answer )

With no joint custody can a mother move her child out of state?

Although the practices may vary from state to state. Generally, if there is a divorce or custody order that court has jurisdiction over the child and the parent cannot remove the child from the state so as to affect the other parent's access . The non-custodial parent may consent if their visitat ( Full Answer )

If a mother has sole physical custody but the father shares joint legal custody what are his rights?

The mother has primary residential custody. However, the father has visitation rights which are likely set forth in a visitation schedule and he has the right to be included in any important decisions that affect the child. The father should review any documents related to his case including a separ ( Full Answer )

Does a unwed mother have sole custody of her child in west Virginia?

Generally, if the parents are unmarried 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 bi ( Full Answer )

Does unwed mother have sole custody of her child in Virginia?

When the parents aren't married the mother has sole custody of her child. Once paternity has been established the father can petition for joint custody or visitation rights. A child support order will also be issued at that time. See the link provided below for a sample booklet on never married pa ( Full Answer )

Can a father with joint custody not tell the mother of the child where he is living?

No. The mother has the right to know where the child is when she's not in her possession. In fact, the court would require it. What if something happened to the father while the child was with him? It would not be in the child's best interest for the father to be able to keep his whereabouts secret ( Full Answer )

Does a mother have sole custody of her child?

The answer depends on marital status and existing court orders. Briefly: . An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial r ( Full Answer )

Does an unwed mother have sole custody of her child if she has a felony?

Yes, as unmarried fathers have no legal status as a parent, other than the requirement to pay child support, until granted that status by a court. Until then, if the mother is not capable of caring for the child, her family or the state has first claim. see links below

Can a man get sole custody of a child that is not his?

It's complicated, if a man was the presumed father - in other words if the man met all criteria of a father and was viewed as the child's father, then yes it would be possible for him to retain status of the legal father to the child and possibly have sole legal custody. If the child has two biolo ( Full Answer )

What is joint sole custody?

That phrase is in error. Sole custody means that one person, usually a parent, has full legal and physical custody. Joint custody means that both parents share legal custody although the child may live with one parent who has physical custody. That phrase is in error. Sole custody means that on ( Full Answer )

Can a single mother gain sole custody of her child in California?

Generally, an unmarried mother has sole custody until the father obtains a court order that established his paternity. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always ( Full Answer )

Does an unwed mother have sole custody of her child in CT?

That answer depends on several factors including the mother's age, ability to provide for the child and the environment where the child will be living. If a father is named on the birth certificate or parentage established after the fact in a court of law, the father has as many rights as the mother ( Full Answer )

Can a mother obtain sole custody when joint custody is already in place and the father is ill?

Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision. Yes. If there has been a significant change in the circumstances the c ( Full Answer )

Which offers more child support shared custody or sole physical custody worksheet?

Joint custody generally provides a more equitable division in support obligations. However child support calculation is complicated and can vary from state to state, involving many factors, not the least of which is each parent's gross income, who is assuming responsibility for other expenses such a ( Full Answer )

Can you move out of state if you have sole physical custody but joint legal custody?

No. First you need the consent of the other parent and the visitation order modified by the court. You cannot interfere with the other parent's rights and by moving you would be interfering with visitations. No. First you need the consent of the other parent and the visitation order modified by the ( Full Answer )

Can an unmarried mother get sole legal custody of an unborn child?

United States . Courts don't rule on custody until the child is born. Legal custody isn't an issue until the child is born. An unmarried mother in the United States has sole custody of her child until the father has established his paternity legally.Once his paternity has been established he can pe ( Full Answer )

Will you receive more child support with sole custody as opposed to joint custody?

You may since sole custody implies the child lives with that parent 100% of the time. With joint custody the child may dwell with the other parent for part of the time or with one parent all of the time with visitations for the other parent. It depends on the details and the state child support guid ( Full Answer )