Custody
Child Support

If a custody schedule is mandated by the court say Monday-Thursday what exactly does having primary custody give you for rights and obligations?

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2015-07-16 18:30:26
2015-07-16 18:30:26

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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Related Questions


Yes, as long as you have not established your paternity legally and obtained a visitation schedule or custody rights.Yes, as long as you have not established your paternity legally and obtained a visitation schedule or custody rights.Yes, as long as you have not established your paternity legally and obtained a visitation schedule or custody rights.Yes, as long as you have not established your paternity legally and obtained a visitation schedule or custody rights.

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I believe that the mother should get custody and she gives the father a schedule to be on.

Schedule C is applicable to Shared Custody situations. see links below

If you have absolute sole custody and you have no legal obligations to the other parent than yes, you could move anywhere.

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You need to return to the court and file a petition for modification of the custody order. The court will schedule a hearing and render a decision.

No, this is illegal. Both parents must adhere to the custody schedule. If the father is entitled to visitation or partial custody, the mother cannot legally defy the schedule and refuse to let him see the child.

An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

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Yes, being granted full custody does not relieve the other parent of their financial obligations to the child(ren).

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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 separation agreement, visitation schedule, child support order and custody order.

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Logic would dictate that the answer would be, absolutely. Unfortunately, the reality is, maybe. In circumstances such as described the judge will often deny full permanent custodial rights and allow an unfit parent the opportunity to take parenting classes and a rehabilitation process. Generally in such a situation the responsible parent is awarded temporary full custody and the unfit parent is allowed supervised visitation until he or she sucessfully fulfills the court mandated obligations.

yes, as long as it does not include a relocation, and does not interfere with a parent's access rights schedule.

Yes of course you can. Visitation rights or shared custody should be settled when they are babies. There should have been a visitation order entered at the time the father was granted custody. There is no age restriction. Unless you were deemed an unfit parent you have the right to a visitation schedule. You should return to the court that issued the custody order and request a visitation schedule.

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No you can not. The court will issue both a custody order and a visitation schedule and you must follow it. Courts do not give that power to one parent over the other.


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