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There is no standard. The policies vary from state to state and from jurisdiction to jurisdiction. There are no universal standards in family law. See the discussion page for some examples from various jurisdictions.

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โˆ™ 2012-03-06 23:15:45
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Q: What is the Standard Visitation for the non custodial parent if the custodial parent has Primary Physical Custody?
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What is the standard visitation for the non custodial parent if the custodial parent has primary physical custody in Tennessee?

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How do you relocate with joint custody in CT law?

If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.


Can you move your children out of state if you have residential custody?

There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.


Does a non custodial parent have any rights regarding their child?

That depends on the court orders. In many cases one parent has sole legal custody and the non-custodial parent has visitation rights. In that case the custodial parent has the right and legal authority to make all decisions regarding the child and the non-custodial parent has the right to regular visits. Parents with joint legal custody share the decision making even though one parent may have sole physical custody with the non-custodial parent having a visitation schedule.That depends on the court orders. In many cases one parent has sole legal custody and the non-custodial parent has visitation rights. In that case the custodial parent has the right and legal authority to make all decisions regarding the child and the non-custodial parent has the right to regular visits. Parents with joint legal custody share the decision making even though one parent may have sole physical custody with the non-custodial parent having a visitation schedule.That depends on the court orders. In many cases one parent has sole legal custody and the non-custodial parent has visitation rights. In that case the custodial parent has the right and legal authority to make all decisions regarding the child and the non-custodial parent has the right to regular visits. Parents with joint legal custody share the decision making even though one parent may have sole physical custody with the non-custodial parent having a visitation schedule.That depends on the court orders. In many cases one parent has sole legal custody and the non-custodial parent has visitation rights. In that case the custodial parent has the right and legal authority to make all decisions regarding the child and the non-custodial parent has the right to regular visits. Parents with joint legal custody share the decision making even though one parent may have sole physical custody with the non-custodial parent having a visitation schedule.


Can the custodial parent sign over temporary custody to non custodial parent?

No, but you can grant extended visitation privileges.


How can a non custodial parent with visitation rights receive custody when custodial parent becomes incarcerated?

By applying to a court.


What happens when the non custodial parent who shares joint custody gets awarded temporary custody with supervised visitation Supervised visitation is not being allowed?

by whom?


Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?

No


If you pay child support can you see your child?

Child support and custody/visitation are separate issues. You should contact your local courts to file for visitation/custody if the custodial parent is denying visitation.


If you have sole custody and your ex has physical custody can you keep her?

You cannot have sole custody without physical custody. If your ex has physical custody, you are the non-custodial parent.


What happens when you are paying child support but being denied visitation and your child resides in a different state?

The non-custodial parent should file for visitation rights for the child in the county where custody was given. If the parent who has custody of the child is preventing the non-custodial parent the right of visitation they can be found in contempt of court if visitation has already been established. If the custodial parent has too many repeated contempts filed against them, custody can be switched to the other parent.


If one parent has primary custody and the other parent has visitation which one is the custodial parent?

The custodial parent is the parent in which the child resides with. My son lives with me and I am the custodial parent, his dad has visitation rights and pays child support.


Can a 12 year old decide not to stay over night with the noncustodial parent?

No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.No. The existing visitation order must be followed or the custodial parent could lose custody. If necessary, the custodial parent must return to court and seek a modification of the order.


What happens when custodial parent drops kids off at non custodial parents house and leaves them?

Leaves them permanently or in violation of court ordered custody/visitation time? In either circumstances, the non-custodial parent may file an action for contempt of court against the custodial parent and/or file for custody/visitation modification based on the same.


Who is the custodial parent when custody is fifty percent for each parent?

If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.


What can be done if non custodial parent refuses to let custodial parent talk with the child?

During the non-custodial parent's time of visitation or custody? Unless otherwise outlined in the original order custody/visitation order, nothing. However, you do have the right to file for modification of the order outlining your right to speak with the child when he/she is in physical custody of the other parent. If that provision is already in place, you can file an action against the non-compliant parent for contempt of court and they may be fined and/or jailed based on the same. If the contempt continues over time, the non-custodial parent may have their rights for visitation limited or eliminated based on the same.


Can my ex-husband take me to court if our child does not have his last name?

He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.


What does one do if the non custodial parent refuses to allow the child to speak to the custodial parent during the visitation?

Take them to court. They have no right to do that, they don't have custody.


What is the procedure for visitation when there is not a custodial order?

When custodial rights and/or visitation has not been legally established, the decision belongs to the parent who has primary physical custody of the child. If the couple are not married, the mother retains the legal right to make all decisions regarding the child (except support) until a court decides otherwise.


Our VA custody agreement says we share legal and physical custody and the children shall reside with the mother for school purposes. The father has weekly visitation. Who is the legal custodial parent?

Both of you are legal custodial parents. Neither parent has greater costodial rights that the other one.


How can you deny joint custody to an abusive parent?

YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation. Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation. Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.


Can custodial parent stop non custodial parent from getting children on court ordered weekend visits?

Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.Absolutely not. The custodial parent is obligated by law to obey the visitation order. If they don't the non-custodial should return to court and file a motion for contempt of a court order. Repeated violations may result in the custodial parent losing custody.


Can a child see there biological parent if they don't have custody?

Only if the custodial parent agrees to it or if there is a court order for visitation.


In Wisconsin can a parent with sole custody take a child on vaction?

Sole physical AND sole legal custody? If so, most likely as long as the visitation does not interfere with the non-custodial parent's court ordered visitation. If it does, then the parent planning such a vacation must secure permission from the other parent, or permission from the court beforehand.


Does a non custodial parent need a court ordered to have visitation right?

Yes. If there is a custody order that means the case has been through a court process. The non-custodial parent must request that the court establish a visitation schedule.