Custody
Children and the Law
Child Support

What is taken into consideration if one parent has primary physical custody but makes more than the non-custodial parent?

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2005-11-05 03:09:41
2005-11-05 03:09:41

Usually the state has a formula for computing support based on how much money each parent makes. If you make more than the non-custodial parent but are responsible for insuring the minor child, those costs should be computed at that same percentage and included in the support order. Anything extra, such as fees for special education, sports, medical, dental, or orthodontics not covered by the insurance should be split the same way on an as-needed basis, with the non-custodial parent paying the their share within 30 days of the payment having been made.

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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.

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physical means you got posession sole means you got it all

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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.

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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

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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.

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The parent you primarily reside with. The parent with physical custody.

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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.

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Yes, it IS possible they could prevent it. The court may agree that if the child were to be removed from the country (or even the state) that the non-custodial parent would be deprived of their parental rights, and the child would be prohibited from knowing the non-custodial parent.

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Yes, though the circumstances of the conviction may be a consideration.

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The child's custodial parent could be held in contempt of court for failing to abide by court ordered visitation and incur a fine, jail time or both. If the problem becomes chronic, the courts may order a modification in custody, giving the non-custodial parent primary physical custody.

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A primary custodial parent is someone who is given physical and/or legal custody of a child by a court order.

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Possession and control pending an evidentiary hearing.

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Generally, the parent without physical custody but the court will decide.

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the SSDI check goes to the parent with primary physical custody, that is the law

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If both parents agree to one parent moving out of state with the child, then you can have your custody agreement amended with new terms.

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It would be based upon which parent has primary physical custody.

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The purpose of joint legal/physical custody is for the parents to cooperate in all decisions, but in the real world this has not happen. see link

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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.

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It depends on the type of joint custody. Custody is broken down into two subcategories- legal and physical. Legal custody is the ability to make decisions concerning the child and to act on the child's behalf. Physical custody is who the child lives with. Typically unless the child spends exactly 50 percent of the time with each parent, one parent is considered to have primary custody and the other parent to have secondary custody or visitation rights. Child support is based on who has primary physical custody, and that parent is typically awarded child support from the parent who has the child less since having the child more usually means that you provide for more of their needs as well.

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

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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.


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