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.
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.
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
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.
Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,
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