Nothing. In Kentucky the primary custodian can move the children without the other parent's permission. (at least that was the law in 2000 when I moved out of Kentucky with my kids). My attorney actually told me to because I had been in an abusive marriage and that was the only way for me to really be safe.
You don't with joint legal.
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.
Primary custody is generally defined as belonging to the parent with whom the child or children reside with the majority of the time. It does not mean that it cannot be a joint custody arrangement as well.
Joint custody is 50/50. Custody means one parent chosen over the other as primary.
In joint legal, the primary residential can.
By determining that the right of a parent to primary custody of the child supersedes the best interest of the child.
Often, yes. Even tho the parents have joint custody it is usually the case that one parent has primary responsibility for the child's day-to-day care.
The keyword here is "Joint Legal Custody" must be in print on the final divorce decree. If it is, then both parents have legal custody rights and each must have the explicit permission of the other in ALL legal matters regarding the minor child ... that is the law.
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
There are three types of joint custody.Joint Legal Custody Similar to sole custody, whereby one parent still retains primary residential custody and control of the children.Joint Physical Custody Otherwise referred to as Split Custody, each parent has residential custody and control of the children 50% of the time.Bird Nest Custody The children remain in the family home and each parent resides there for a designated period of time, then switch.
Most states lean toward Joint Legal Custody with primary residential custody
Yes, if you have joint legal custody.Yes, if you have joint legal custody.Yes, if you have joint legal custody.Yes, if you have joint legal custody.
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.
The term "primary joint custody" is contradictory. Primary (or sole) custody means one parent has full rights of decision as to the care of the child, including education, medical treatment, etc. Joint custody means parents share equal rights in major decisions such as moving the child to another state or country. One parent cannot legally take such action without the other's consent or without permission of the court.
It means one parent is granted physical custody of the child the majority of time (in other words, your primary residence is with that parent). However one parent may have primary physical custody but joint legal custody where the other parent has equal decision making power in the child's life.
Generally, the parent without physical custody but the court will decide.
the SSDI check goes to the parent with primary physical custody, that is the law
Yes if she could prove that the child is better off in her primary care. If the child is thriving and safe with you, it would be hard for her to prove. But custody can change at anytime so she has the right to file.
Not with joint physical custody.
no you can move out of state if you have joint custody.
It means one parent has greater possession of the child.
You need to discuss that with the other parent.
By petitioning the court to give joint custody to the parents. In most state, Joint Legal Custody is the standard. If you mean Joint Physical Custody, with 50/50 Custody, this is more complicated, requiring preparation similar to petitioning for full custody.
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.