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It all depends in what state you live in, but if the father wants to fight it he very well can and quite possibly win.

Even if Dad doesn't win, it's possible the court might order you to pay all travel expenses so that Dad can maintain his visitation, which can get expensive.

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โˆ™ 2015-07-15 19:27:21
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Q: If the man you are marrying lives out of state would the courts consider that a legitimate reason to move your kids when you have primary physical custody?
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If you have sole custody and your ex has physical custody can you keep her?

You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.


What exactly is physical custody?

Physical custody means that a person (typically the parent) has the right to have the child living with them. This could be sole physical custody, or even joint physical custody in which the parents share custody of their child.


Does joint custody reduce child support payments?

Not necessarily. It depends more on who has physical custody.Not necessarily. It depends more on who has physical custody.Not necessarily. It depends more on who has physical custody.Not necessarily. It depends more on who has physical custody.


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.


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 is domiciliary custody?

Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.


Can a Father get joint legal and physical custody of a newborn in GA?

Yes, but there are steps you must take to get to that point. First, you will need to file a petition to legitimate child and modification of child custody (unless you are legally married to the mother). Normally, in most Georgia cases, you will automatically be granted joint legal custody, but not necessarily joint physical. Determination of physical custody will depend on MANY different factors. You may have to prove the mother unfit... more than that, you will have to show that the 'change in custody' will be in the best interest of the minor child... not the parties.


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.


Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?

Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.


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 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 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 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.


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.


How does joint custody affect child support in Nebraska?

The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.The parent with physical custody receives child support from the other parent.


Is there a difference between primary physical custody and partial physical custody?

Primary physical custody applies to whomever the children live with the majority of the time. Their "permanent residence". Partial physical custody, usually designates the parent who has the children on holidays, summer vacation from school, etc.


Who pays child support if parents share custody of children?

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.


Should a father ask for child support first?

The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.


What is meant by the phrase petitioner further prays for temporary and permanent legal custody and physical care of the children?

The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.The person has petitioned the court for sole legal and physical custody of the children.


If you receive TANIF for your child do you have custody?

TANF eligibility is based on physical custody, not legal custody.


After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?

Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.


Can you move out of the school district if you have joint custody?

Not with joint physical custody.


What are the chances of stepmom getting primary physical custody of a child when father has sole physical custody and stepmom only has shared legal custody and is separated from dad?

There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.


What is the difference between physical and sole custody?

ANSWER:Physical custody refers to who the child lives with, the child's main care giver. Legal custody determines who can make decisions concerning the child. There are many variations.Examples:One parent can have sole physical custody with both parents sharing legal custody.One parent can have sole physical and legal custody while the other parent has visitation rights.


How do I divorce a stay at home dad and get fair custody?

Use the same methods fathers do in these situations. Consider Bird Nest Custody. Even with joint physical, you will need to pay child support and alimony. see link


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


Is primary physical custody the same as sole custody?

physical means you got posession sole means you got it all


If you have physical custody do you have to pay child support?

No... because if you are paying child support it would be going to the person with physical custody.