If you have primary physical custody and joint legal custody do you have move rights then the parent that does not have physical custody when it comes to the best interest of the child?
yes and no. joint legal basically means the other parent can get any and all legal info on the child such as medical records, school records and of course anything legal or court related if the child gets in trouble and in some cases the other parent is invloved in major decision making like life support etc.
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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 u…s it is the other parents permission OR that of the family court. But that both are not necessary to move with the child. ANSWER In NZ i had a similar experience where i wanted to leave for Australia and in order to do so i had to apply to the family court for an order of removal of child and in order for the family court to grant my application i had to have the other parents approval or a valid reason for wanting to move that was in the best interests of the child ie for financial reasons health etc and i also had to grant regular access to the father which did result in split costs of his airfare to Aussie to see his child. The only way around this is if you and the biological parent where not married or living together before or after the birth of your child, this would make him a non guardian and therefore not entitled to a say in the child's life and for that reason you could contest the joint custody. you?
If both parents agree to one parent moving out of state with the child, then you can have your custody agreement amended with new terms.
If you have joint legal custody and the father has primary physical but delegates all care to his parents and is not involved with the children how hard would it be for the mother to get custody?
The laws vary from state to state, can you narrow it down just a bit? Answer The first issue a judge would address is why the father was awarded primary physical custody in… the first place? Secondly, what has changed in the mother's situation that would warrant the custodial order to be changed? It is highly unlikely a judge would have minor children removed from a home they have become accustomed to, unless there was proof of neglect and/or abuse. Many fathers and mothers are not involved in their children's lives even when they are together as a family, therefore the issue of his alledged non-involvement might be considered irrelevant by the court. Answer Thank you for your replies! I apologize for the length of this, but this situation is so ridiculous that its hard to believe that something so awful could slip thru the cracks, so to speak and it takes a bit to explain it all. This concerns the state of Maryland. PAST BACKGROUND: The Mother did not intentionally relinquish custody, but was actually tricked into signing a document that she was told enrolled the oldest in School (but was actually custody documents he had his lawyer draw up and stapled to school documents and letterhead). She was told to sign them quickly and that "They are for school, don't read them, just sign them!" and being still fearfull of him, but never suspecting such a thing did as asked. Stupid, yes. Bad Mom, no. When he didnt return the children after that summer visit (a couple of weeks), she was told "Those school papers were actually custody papers. Too bad for you." The papers came from the court that week, in fact they had been entered in and accepted as uncontested custody pending the Divorce. Mom had to raise money - she was completely broke so this took months. Meanwhile, the Divorce hearing came and Mom still couldn't afford a lawyer, even though she was working 3 jobs to try. She tried representing herself, asked for a postponment, asked for a separate custody hearing, but Dad got everything he asked for (his Mother had hired him the meanest attorney in the county, literally). A couple months later, Mom finally had enough for the $5000 retainer and hired a Lawyer who told her she couldn't get custody since she had (prevoiusly) been in counseling (and on antidepressants) for abuse (by his hand). This counseling and meds only lasted 6 months, started right after she left him and ended before the Divorce trial even came around. Her Doctor provided notarized notes (And offered to testify) that she was completely Healthy and well now and that the counseling had been BECAUSE of Abuse by the childrens FATHER. The 6 years worth of abuse is all well documented by numerous Police, Medical, and other records and photos. She also had a restraining order against the Father at one point after he tried to run her car off the road the week she left him. The Fathers Mother was claiming Mom was insane (using the counseling as "proof"), and got the Father, her Mother (yes, the kids Great Grandmother), and her Boyfriend to say the same. Moms Lawyer got scared. The other reason the Lawyer gave for settling was that Mom had moved by then to a neighboring state (that was only 1 hour away, but a different state). So, there was never a trial, just lawyers settling out of court. Obviously, this should have gone before a Judge. Air tight, official documentation beats word of mouth stories no matter how many people are convinced to lie, right? CURRENT: Mom is involved with the children as much as she is "permitted" to be, she has them every weekend and all Summer (Per the later settlement). She now is a stay at home mom to 2 babies from her recent marriage. Now the Father said THIS WEEKEND that he wants nothing to do with the Kids ("Im too busy and don't have time" - that's an ACTUAL quote.), but that HIS Mother wont LET him give the kids back. Yes, he used the word "Let". Hes very scared of her still (hes 28) as she abused him for years. He does WHATEVER she says. He even signs Moms child support check over to his mothers boyfriend in full as he demands it. And as such, his mother and her boyfriend have the children and are primary care givers on Weekdays. The Father comes and goes as he pleases, but is not involved with the kids. There is a significant ammount of abuse & neglect going on as well. DSS became involved at one point after the Fathers Mother was found to be beating the children with a wooden spoon. They investigated, found it to be true, but that was "ok" because she promised to stop (that was actually written in the papers). I believe the actual beating has now stopped. The Kids had no winter coats (Mom bought some), holes in their shoes (Mom replaced them), clothes that don't fit (2 sizes too small - Mom bought some clothes), and the Father doesnt care about school problems and refuses to meet with Teachers after they send home notes that there are problems at School. He told them he didnt have time (Mom found the notes and went straight to the school, grades are dropping and the kids are getting into fights at school). The Fathers Mother and her boyfriend fight constantly, they also both fight with the Father. The environment is extremely hostile. The children are upset about the fighting and indeference and continually ask everyone (family members) why cant they go live with Mom since her home is happy and shes always there for them. HELP!!! Mom wanted to make sure she has a case before she seeks legal help. She just doesnt trust Lawyers much anymore. The children are suffering and the entire situation is insane. Would DSS even care at this time? Or, should she get another (better) Lawyer? Would they care? Is there legal grounds here? She thought there was plenty before, but the Lawyer didnt think so. Even with the abuse to the kids, abuse photos (what dad did to mom), police records, etc... What in the world does a Mother do when her children are legally being held hostage in a war zone and no one seems to care? Any advice is most appreciated. This family is suffering terribly because of this situation. Thank you so much for taking the time to read this. Answer It's difficult to admit but unfortunately there are attorneys who do not adhere to the ethics of the profession and the professional rules of conduct that all attorneys are required to swear an oath to. Documents that are considered legal that are signed under duress, intimidation and or fraudulent action are always subject to appeal, and why the mother's attorney did not use that is a mystery. One option would be to contact a women's help center who can refer the mother to an attorney who would be more sympathetic with her situation and without question ethical. Being in counseling and taking prescription medication is not something a judge would take into consideration unless there was an indication that the medication was being misused and/or the person were addicted to the point they could not function normally. The father would be able to relinquish custodial rights to the mother through a fairly simple court procedure. Unless there were extreme mitigating circumstancaes a judge would certainly not void the action especially if since the mother has established a new family and is capable of supplying a stable home environment. Since this website is not meant for personal communication please feel free to email me at email@example.com if I can be of assistance. ANSWER- NOT AN ATTORNEY It sounds to me that it would benefit the children to have their own attorney through Social Services who would make recommendations to the presiding judge as to where the children should be placed. Someone unbiased who can look at both living situations and the court considers to have the children's best interests in mind might be a better route for you to regain custody of your kids given the circumstances you're describing. Good luck.
If you have primary physical custody and joint legal custody can the noncustodial parent stop a child from moving overseas if the parent has been assigned by the Air Force to a station overseas?
Answer i think the real question is whats best for the child which i think is too often not asked - if your job keeps you away from a young child for long periods of time, if… its possible you could be deployed without your child, then perhaps its best for the child to be with the other parent - rather than think what you want please do consider the best interest of the child - please do talk it out with the other parent and your child and do whatever is the best thing for all
If the parents have joint legal and physical custody of the child but the mother is the primary custodian can she move the child to another school without the father's consent?
It basically depends on where your considering on putting the child, is it within the same school district? Has the custodial parent moved to another home which has a new scho…ol? There are rules within schools nowaday and having to get permission to keep them within the same school if you have moved.
In California if father has primary physical custody and both parents have joint legal custody can the child choose which parent he wants to live with?
No, legally a minor has no choice in the matter.
Yes if ordered by the Judge. But usually they will have a primary residence. Visitation is listed in the order or the other parent. If you don't have an order of custody or it… wasn't addressed, you can always file a motion to have it changed.
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 parents. If one makes $50 a week and is told to pay $5 in support, but the other makes $1000 a week, asking only $5 from parent #2 wouldn't be fair. It is based on percentage. So even if you have 50% custody and visitation, if you make more money, then the bulk of support for the child will most likely come from you.. Actully its not fair, but we have to pay it because people who dont work hard think it is fair. I work 60 hrs a week and my x wife who left me for another man only works 30 hrs a week. Even tho we make the same money an hr, since I work harder I have to pay the cheating coniving woman.
If you have primary physical custody and joint legal custody can the noncustodial parent stop a child from moving overseas?
Yes, it IS possible they could prevent it. The court may agree that if the child were to be removed from the country (or even the state) that the non-custodial parent would be… deprived of their parental rights, and the child would be prohibited from knowing the non-custodial parent.
Can a parent who has physical custody and joint legal custody put a child in a juvenile detention center without the other parents permission?
An intact family can't do that. A juvenile detention is related to the commission of a crime, so only the court does that. You can give up the child to family services, but th…e other parent can challenge for custody.
The person who can clearly prove possession of at least 51% of the time.
The parents have equal rights in making decisions that affect the child. That's why judges are reluctant to award joint custody to parents who do not have a congenial relation…ship. An unreasonable parent can make life miserable for everyone.
In Child Support
If you have Joint Physical Custody and Joint Legal Custody would one of the parents have to pay Child Support and if so which one?
The one earning the greater amount, however it would be based on the difference in the incomes, rather than the gross.
Does a parent who has primary physical custody have to pay child support if the child moves in with the non-custodial parent?
What are your rights if you have joint legal custody and the other parent has primary physical custody?
You have the right to a regular visitation schedule that must be followed by the parent with physical custody. You have the right to join in any decisions that must be made re…garding the child such as medical treatment, education, religion, sports, dental treatment, etc. You have the right to a regular visitation schedule that must be followed by the parent with physical custody. You have the right to join in any decisions that must be made regarding the child such as medical treatment, education, religion, sports, dental treatment, etc. You have the right to a regular visitation schedule that must be followed by the parent with physical custody. You have the right to join in any decisions that must be made regarding the child such as medical treatment, education, religion, sports, dental treatment, etc. You have the right to a regular visitation schedule that must be followed by the parent with physical custody. You have the right to join in any decisions that must be made regarding the child such as medical treatment, education, religion, sports, dental treatment, etc.
We have joint legal custody but the father has primary physical custody. Does he have to provide the child's address?
Of course, unless the other parent to the child or previous spouse is not restricted in any way (such as abuse in any form). Both parents have a right to know where the chi…ld is when with the other parent. It's not acceptable to just drop off the face of the earth every time the mom has the kids for instance. If abuse is involved it's different. The judge should be aware of this.