I believe "please don't quote me" that it is considered where the child has been residing and/or raised. One of the biggest rules in family court is "best interest of the child/ren", generally unless the environment that the child is living in is unhealthy,unsafe,and/or detrimental to a child the court considers those first but weighs towards not disrupting a child's place,"home" of emotional and physical stability. They tend to feel it is best if the child remains in his/her home.
Not as a single factor, but as a part of an overall case.
The parent who filed for custody is usually granted it, unless the judge feels it would be in the best interests of the child to rule otherwise.
if you are not there for the original custody case you can lose custody. The temporary is just until the court decides who gets custody.
I would call my lawyer to get custody first. As married the both of you have the right to the child. You can therefor legally leave but need custody until the big custody case takes place.
petition the court for custody
You will need to read your custody agreement. There is no general rule.
I will assume this is not a small goat, but a child. The nature of the question does make one wonder though. Custody was established at some point, unless the child moved from home to home in which case, neither parent should have had custody. The child lived somewhere, and that established a default home for the child. You should inform the court of your parental status and your desire to have custody of the child.
Yes, only mothers are allowed to make false allegations in a custody case.
Only if the mother can prove repeatedly that the father is not responsible.Our custody case is in FL and our lawyer told us that when my husband deploys with the military that his children can remain in our home and do not have to relocate to the mother's home for the 6 months he will not be there.
This is a legal motion called a Pendente Lite (PDL for short). The motion could be about a number of issues, including Child Support or Custody Visitation until the Custody Case is completed.
No.
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