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Divorce and Marriage Law

What is primary custody?


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Answered 2005-12-17 18:59:41

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.

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How can you get primary custody of your child?

Prove that the other parent is not fit to have custody of them.


What is different between custody and join custody?

Joint custody is 50/50. Custody means one parent chosen over the other as primary.


What does primary custody mean?

It means one parent is granted physical custody of the child the majority of time (in other words, your primary residence is with that parent). However one parent may have primary physical custody but joint legal custody where the other parent has equal decision making power in the child's life.


Do you have to pay child support if you have primary custody in California?

Fathers are frequently ordered to do so there, despite having primary custody. see link below


How does primary custody work?

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.


Who usually gets custody the mother or the father?

In most circumstances the mother gets primary custody.


How do you seek full custody in a joint custody situation?

By determining that the right of a parent to primary custody of the child supersedes the best interest of the child.


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.


Is there a difference between primary physical custody and partial physical custody?

Primary physical custody applies to whomever the children live with the majority of the time. Their "permanent residence". Partial physical custody, usually designates the parent who has the children on holidays, summer vacation from school, etc.


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

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.


What is the difference between having full cusody and having primary custody?

Full custody is defined as one parent of a child having sole control over a minor child with the other having no custodial rights. Primary custody means that both parents share custody (also known as joint custody) but the primary custodian is the parent that the child spends most fo their time with/lives with on a regular basis. In other words, the parent that is not the primary custodian is the one that has the visitation rights.


Can a school discharge a child to a parent who does not have primary custody and the primary custody parents told the school no...?

Yes they can, unless you showed the school a court order preventing access to the child.



Does Josh Elliott of Good Morning America have custody of his daughter?

No. His wife Priya Narang had Primary custody of their daughter.


Is the parent who has custody of children the primary insured on a dental insurance?

You will need to read your custody agreement. There is no general rule.


How does a father get primary custody if unwed in CA and the judge has authorized only minimum visitation with joint physical and legal custody?

Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.


Can you get sole custody if your spouse still legally married has moved out of state?

Most states lean toward Joint Legal Custody with primary residential custody


Is primary physical custody the same as sole custody?

physical means you got posession sole means you got it all



Can you move to another country with your child I have primary custody?

you can,but you have to get permission from court.


Can joint custody be in different states?

A custody order can only be granted by one court usually in the state where the child presently resides. Judges are very reluctant to grant joint custody when the parents live in separate states. The usual procedure is for one parent to be granted primary physical custody and both parents sharing joint legal custody. The parent not having primary custody would be responsible for making his or her travel arrangements and living accomodations (or that of the child depending on the age) during visitation unless there is a different agreement made with the primary custodial parent.


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


Can a unmarried mother take a child from Ireland to England without the fathers consent if he has primary custody?

If he has primary custody or even visitation rights, you cannot take his child far enough away that he cannot readily exercise his custody/visitation rights unless he gives you permission to do so.


Can a parent with 50-50 custody move out of state with child?

No, as you don't have primary custody so it would be considered parental abduction.


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