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If you were awarded primary physical custody by your ex why does he still get the kids for three days a week?


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2008-05-12 12:32:11
2008-05-12 12:32:11

== == The important word here is PRIMARY, which means MOST of the time. The other party has "secondary " custody, which means SOME of the time. Remember that being divorced doesn't mean that the other party looses their rights to see the kids. The other person is still a Parent to those children, right?


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The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.

If you have primary custody you rule the child's life. You're the parent in charge but the other parent may still be entitled visitation.

Yes, until/unless the courts grant primary legal custody and terminate support.

Most states lean toward Joint Legal Custody with primary residential custody

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.

If you live in the US... Yes, Dad still has custody, unless he has voluntarily given legal custody to someone else or the court has awarded legal custody to someone else (normally only happens in cases where the parent has been proven to be unfit).

No! Kidnapping involves other elements that make it a crime. The events described above mean a contempt of court, violation of custody agreement etc.

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.

That's interpretive as there are four levels of custody. Sole Custody Joint Legal with Primary Residential Joint Physical Custody Bird Nest Custody Fathers with primary or sole custody runs 15%. Joint physical custody runs 25% Mother with primary or sole custody is 60% But, single mothers have sole custody by default in 100% of the cases until ruled on otherwise by the courts. Also, attorneys tell fathers not to try for custody as they don't win, and most attorneys that do try are not fully capable of representing fathers, so the mothers win. In the cases where fathers do challenge for custody, 60% of them will be accused of child sexual abuse as a tactic by the mother to prevent him getting it, but even when successful, they can still lose as 30% of them learn they are not the father of one or more of the children. If he does win custody, he can than be accused of domestic violence committed some time in the previous 12 months, as which point an injunction stops him from getting the child until he can prove himself innocent. If he does prove himself innocent, or it was found that he defended himself when she attacked him, then he cannot have custody because that's still considered domestic violence against the mother.

Custody rights for fathers is a hot issue and rightly so. Even today, in 7 out of 10 custody cases, primary custody is awarded to the mother. In less than 3% of all cases, primary custody rights are granted to the father. In recent years, fathers and non-profit organizations have become very vocal regarding a father’s rights to be a part of his children’s lives after a divorce or separation. Fathers who are facing divorce or separation from a significant other and who also have children are often worried about when and how often they will be able to see their children. Given the facts stated above, this is a valid concern. Courts are supposed to award custody to the parent who is best suited to protect the best interests of the child or children and judges make their determinations based on a number of factors, but in most cases custody is still awarded to the mother, who has often been the primary caregiver. Most of the time this is a result of the father having been the primary breadwinner. The good news is that many advances have been made in custody rights for fathers and dads are enjoying joint custody more often now than ever before. Fathers are also being awarded more parenting time which means they are able to spend more quality time with their children after the breakdown of a relationship with the mother. In order for a father to get the most time with their children possible or to be awarded custody, it’s important for him to understand different type of custody, his rights as a parent, and to be prepared. A good attorney who specializes in father’s rights can be very helpful during this process. There are two main types of custody, physical custody and legal custody. Physical custody refers to which parent the children live with the majority of the time and legal custody relates to decisions regarding schooling, medical care, and religion. Even father’s who are unable to have their children live with them full time often would like to have joint legal custody, which allows them to play a part in making decisions that affect their children’s medical care, education, and religious upbringing. Attorney’s representing fathers will fight hard to get a father joint legal custody even when he sole physical custody is not an option. This is an important legal right for father’s after a divorce. Another option that is rapidly gaining popularity is shared physical custody. For parents that live close to one another after a divorce, this is often an option that allows them to equally split parenting time and to both remain involved in the upbringing of minor children. Custody disputes can be difficult and it’s important for fathers to know and understand their rights before beginning one. Father’s who are going through a divorce or separation where there are children involved should contact an attorney with experience in protecting a father’s rights to be a part of his children’s lives.

No, not if your mother has sole physical custody. If there is a joint custody arrangement, you'd still need the cooperation of both parents to make it happen.

Not if you have it by court order, but this is a major failing in fathers when the mother runs off. They don't get a custody or child support order.They fully expect mom to come back, than even when they do move on, they still don't get an order. This is particularly bad for single fathers, because without a court order, they legally have no assume rights to the children (see link). For marred men, the mother comes back, ask for visitation, which he gives freely. She gets possession of the children, than files for custody. He's left with an expensive custody challenge, especially if she claims she left because he was abusive.

Yes, but the father can still file an injunction to prevent it.

That depends on where you live and your custody order. Were you granted temporary custody with parental rights intact? Were the parents divested of their parental rights and you were granted sole legal and physical custody? There are all different kinds of custody agreements and they can be modified. Refer to your documents or seek the advice of an attorney for an informed opinion.

It means you have lost your right to physical and legal custody but you are still eligible to request visitation rights. Without parental rights you have no rights whatsoever in regards to your child.

Youll have to be more specific. What 'rights' you are referring to? What are the ages of the children? Who has primary custody of them while you are (presumably) in prison?

In court with a custody hearing the child's decision may be considered but when you are under the age of eighteen the court still has the ultimate decision of who is awarded custody based on which parent has the best opportunity to raise and guide you through your formative years.

It can depend on what state you live in, and it can depend on the wording of the court order that awarded you custody to the custodial parent.

Yes/NoIf he is awarded custody because you're trying to take his child away from him, he won't be paying.

yes. he is in custody until he is 21 which is october 2010

Only Texas has that law, but with significant restrictions. In all other states, it's a case by case basis, with the Judge interpreting the maturity of the child, and their intent, but this still does not override other evidence in the child's best interest. It's just a piece of the evidence.see links below for additional info

Unless the court has awarded the parent full legal and physical custody he or she cannot remove a minor child from his o or her current state of residency wihtout the written permission of the other parent. A passport will not be issued for a minor child unless both parents have submitted the required documentation/identification.

Best Interests of the children. Are you talking about physical custody or legal custody? Visitation schedule? Hopefully the parents can work it out in concilation court. for more details see ANSWER:: my parents are divorced and live three hours away from each other and have joint custody so it is possible.

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