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Can you change a scheduled visitation weekend if you have sole legal and primary physical custody?
No, not arbitrarily. You would need to work it out with the non-custodial parent and get their consent to the change. A good solution might be to offer to substitute another visitation time that would be appealing to the non-custodial parent. If the non-custodial parent doesn't agree you may need to alter your own plans. If you simply choose to not follow the visitation order you would be in contempt of a court order and the other parent could file a motion for contempt.
What else can I help you with?
What is the standard visitation for the non custodial parent if the custodial parent has primary physical custody in Tennessee?
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Can the fAther take your son if you have primary physical and legal custody and no order for visitation?
If he does not have a court order for visitation or custody he can't take him anywhere. If he has partial custody he can take him out as long as it's in agreement with the custody order. He can't take him as in moving away. You should ask your lawyer who knows more about your case.
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
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.
Can you have joint physical and legal custody?
Yes if ordered by the Judge. But usually they will have a primary residence. Visitation is listed in the order or the other parent. If you don't have an order of custody or it wasn't addressed, you can always file a motion to have it changed.
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.
A mother continuously violates court orders by failing to obey the visitation order and refusing to allow the father to see the children. What can the father do?
The court can change the custody order and take primary custody away from the mother. The father should stay on top of the situation by filing a motion for contempt of a court order (visitation) and every time she violates the visitation order he should keep filing motions for contempt. She may eventually lose custody.The court can change the custody order and take primary custody away from the mother. The father should stay on top of the situation by filing a motion for contempt of a court order (visitation) and every time she violates the visitation order he should keep filing motions for contempt. She may eventually lose custody.The court can change the custody order and take primary custody away from the mother. The father should stay on top of the situation by filing a motion for contempt of a court order (visitation) and every time she violates the visitation order he should keep filing motions for contempt. She may eventually lose custody.The court can change the custody order and take primary custody away from the mother. The father should stay on top of the situation by filing a motion for contempt of a court order (visitation) and every time she violates the visitation order he should keep filing motions for contempt. She may eventually lose custody.
If you have joint custody and the parent with visitation will not return kids what do you do?
In most states that's considered parental abduction if you have primary residential.
If you are seeking sole and primary physical custody of your infant is 3 and one-half days of visitation with the father considered joint custody?
The extent of a parent(s) custody rights are determined by a court order. The ideal situation is for both parents to reach a workable, amicable decision. The time that is spent with a parent does not necessarily indicate sole or joint custody.
Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?
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,
Who got custody of Julie sidoi and Scott shaffer's son charlie?
Julie Sidoi was awarded primary custody of their son Charlie, while Scott Shaffer was granted visitation rights.
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.
