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Answered 2009-09-24 05:04:29

Possession and control pending an evidentiary hearing.

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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


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 I only have my son on holidays and during the summer can that be considered joint physical custody?

Yes, anytime the boy is in your physical care is considered custody.


What is Joint legal Custody and partial Physical Custody?

Joint legal custody indicates that both parents have the right to make joint decisions on the raising of a child (education, health care, etc.). If there are conflicts in such decisions then it is only applicable if such disagreements are reasonable in the eyes of the court. If they are deemed "unreasonable" then the parent with primary physical custody or the court makes such determinations. Partial physical custody, indicates that the child spends a portion of his or her time (specified or otherwise) with the parent (weekends, holidays, summer vacation, etc.) but resides the majority of time with the primary custodial parent.


If no custody has been establish can you get your child on visitation and decide to not bring them back wjile you file for custody?

Technically in cases where there is no order of custody possesion is 9/10ths of the law IF both parents are legally recognized to be parents (i.e. have signed the birth certificate). However if one parent has had primary physical custody of the child following a separation and has been responsible for the majority of the care for the child the court may not look kindly on the other parent hijacking custody. The best thing to do is file for temporary custody before actually keeping the child.


How does a father gain temporary custody of his child whose mother is incarsirated?

You file an emergency child in need of care and custody in court. See link to learn how.


I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?

You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.


How do you spell cusdity?

The correct spelling is custody (control, care, or physical possession).


If the father has had joint custody of a 4 year old and was the primary parent and the mother wants primary custody can she do it?

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.


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.




What will happen to Michael Jackson's kids?

They are currently in the temporary custody of Michael's mother, if she is unable to take care of them then according to Michael's will they are to go into the custody of Diana Ross. Debbie Rowe, the mother of two of the children may file for custody.


Can you get temporary custody without the parents signing?

If you are not one of the parents, it would required the approval of a child in need of care motion by the court.


What does primary physical and legal custody mean?

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.


What is the difference between primary physical custody and sole custody?

Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, etc.) concerning the child. Sole custody does not mean the non custodial parent can be denied the rights of parental visitation. • In my case, I have primary custody AND sole legal cstody. Being primary custody gives the father the right to make a decision in the event of an emergency, but that's about it. It basically means the father can see the child and take hher out of my home. But, because I have sole legal, he cannot make any decisions concerning anything religious, medical, educational, etc. Having sole legal gives me the right to get her a passport without his permission as well! Sole/Primary/Joint custody essentially just determines where the child lives and who the main care-taker is. It is "legal custody" that determines the right to make decisions.


When you have joint custody with a primary does anyone still have to pay child support?

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.


What is primary legal custody?

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.


Can a husband kick a wife out of the home and refuse to allow her to take the children?

Until there has been a custody order issued by the court both parents have the same parental rights. If the situation is expected to lead to a divorce the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order. Providing evidence that shows which parent provided the most day to day care may help in obtaining temporary custody. The court will also consider the reason for the break up and the temporary solution that causes the least trauma for the children.Until there has been a custody order issued by the court both parents have the same parental rights. If the situation is expected to lead to a divorce the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order. Providing evidence that shows which parent provided the most day to day care may help in obtaining temporary custody. The court will also consider the reason for the break up and the temporary solution that causes the least trauma for the children.Until there has been a custody order issued by the court both parents have the same parental rights. If the situation is expected to lead to a divorce the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order. Providing evidence that shows which parent provided the most day to day care may help in obtaining temporary custody. The court will also consider the reason for the break up and the temporary solution that causes the least trauma for the children.Until there has been a custody order issued by the court both parents have the same parental rights. If the situation is expected to lead to a divorce the wife needs to consult with an attorney or court advocate and try to obtain a temporary custody order. Providing evidence that shows which parent provided the most day to day care may help in obtaining temporary custody. The court will also consider the reason for the break up and the temporary solution that causes the least trauma for the children.


Does an aunt have the right to have physical custody of a 15 year old child in new york state?

Only with approval by the court of a Motion for Custody of a Child In Need Of Care.


Can the police force grandparents of a child to give the child to the mother?

If the grandparents do not have legal permanent custody and the mother has proof she is the child's legal custodian, even if she has been absent in the child's life--yes, they can. If you believe the mother is unfit to care for the child or you have had physical custody for a long period of time with little or no contact from the mother, you can file an emergency appeal for custody with the courts. A temporary custody paper will not keep the child with you if she ever signed one as she can revoke it at anytime.


What is the legal definition of care custody and control?

Legal definition of care, custody and control?


Who gets minor children when parents die?

Close relatives or friends can get temporary custody until it gets permanent in court. Or they end up in foster care.


Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?

No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.


Can an adoptive parent give temporary custody to biological parent?

With a written agreement yes. However, that adoptive parent could actually lose any chance at custody to the child at a later point because they may be deemed unable to take care of the child (for relinquishing custody). It varies situation to situation.


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