Primary legal custody means the parent/person with whom the child lives can make all the decisions concerning the child such as schooling, medical care, etc. unless the custodial order deems otherwise.
There are two types of custody recognized by law: physical and legal.
Physical custody pertains to who the child lives with. Legal custody pertains to who is responsible for making decisions on the child's behalf.
If you have sole physical custody the child lives with you all the time, although the other parent may be given specific visitation rights allowing them to have the child in their care at certain times and the other parent my have shared legalcustody.
If you have sole legal custody you are the parent with the authority to make all decisions for the child: school, choice of doctors and dentists, what kind of medical treatment they receive, what sports they play, etc. If you have shared legal custody both parents have the right to make decisions regarding the child.
You have sole legal control over the child, the child lives with you and the non-custodial parent has visitations.
They mean the same thing . The parents share legal and physical custody of the child.See related question.They mean the same thing . The parents share legal and physical custody of the child.See related question.They mean the same thing . The parents share legal and physical custody of the child.See related question.They mean the same thing . The parents share legal and physical custody of the child.See related question.
Shared legal custody means that both parents have equal rights to make decisions regarding the child. One parent may have physical custody with the non-physical-custody parent paying child support.
They are two terms used interchangeably that essentially mean the same thing. Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sometimes a parent may have primary physical custody but the other parent may have legal custody, meaning one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." This parent can make all decisions without seeking in put from the other parent.
Possession and control pending an evidentiary hearing.
It is a term that has the same meaning as primary physical custody meaning the person so awarded has the child or children living with them the greater percentage of time.
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.
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.
Joint Legal: Both parents are suppose to have equal decision making rights, but child resides primarily with one parent while the other pays full child support. Joint Physical Custody: Parents have equal decision making rights and the child resides with each parent an equal amount of time.
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
The term is flexible and may mean actual imprisonment or the mere power-legal or physical-of imprisoning or assuming manual possession. A petitioner must be "in custody" to be entitled to Habeas Corpus relief, which provides for release from unlawful confinement in violation of constitutional rights. Custody in this context is synonymous with restraint of liberty and does not necessarily mean actual physical imprisonment. Persons who are on Probation or who are released on their own recognizance are "in custody" for purposes of habeas corpus proceedings.
It means a motion has been filed in court to obtain or modify physical and or legal possession or control over a minor child.
Sole physical custody designates the parent with whom the child has a permanent residence. Joint legal custody is when both parents share equal rights and obligations to the child in regards to education, health care, financial suppport, etc. regardless of where the child resides.