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โˆ™ 2012-08-13 06:46:48
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Q: Can a parent who has primary physical custody move out of state without informing the other parent who has legal custody?
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What is the difference between primary physical custody and sole custody?

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.


Can a father who doesn't have physical custody take the child out of state?

You can if the mother gives you permission. It is possible she could call the police on you for kidnapping if you remove the child without her consent.


Mother moved without child how does father get custody?

Petition the court.


What is full child custody?

The person with full custody has the right to have the child live with them permanently and has the right to make all decisions regarding the child without interference.


How do courts determine when to award joint custody?

There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney regarding this question. About 90% of divorce cases are settled out of court, though, and most joint custody is established this way. Judges will rarely change an arrangement that has been established by the parents. The legal status of joint custody may eventually change. Supreme Court decisions have found parental rights to be guaranteed by the Constitution. Because a fundamental right cannot be denied without a compelling state interest that cannot be achieved by any less restrictive means, some legal scholars believe that, in the absence of abuse or neglect, parents have a right to both legal and physical joint custody (Canackos, 1981; Robinson, 1985). This theory has not been tested in court. [This answer was excerpted from "Questions and s About Joint Custody" by Rick Kuhn.] References: Canacakos, Ellen. "Joint Custody as a Fundamental Right", Arizona Law Review, Vol. 23, 1981. Robinson, Holly. "Joint Custody: Constitutional Imperatives", University of Cincinnati Law Review, 1985.

Related questions

Who pays child support when parents have joint custody but one parent has primary placement?

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


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.


Can you change your number without letting you ex know if you have full custody of your child?

yes, you can. If you have full custody, yu can do whatever you wish as far as informing or not informing the other side of your whereabouts and or personal contact info.


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.


Can a parent with sole custody take children out of the state without informing the other parent?

yes because you have full custtosy


Can I move from AR. with kids and primary custody without ex's permission?

No


Can bank close account without informing you?

no it is not possible without informing some sone.


Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?

If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.


Can a married woman give custody of her child to her parent with out informing her husband and getting consent?

If a woman gives custody to someone else without informing her husband or getting consent, it is called kidnapping. She could go to prison. She might not like it. On the other hand, she gets three hots and a cot.


If the mother allows the child to move to their grandparents without informing the father of the change what can he do?

File a claim of child abandonment and for custody. see links below


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.


Can a parent without physical custody of a child take custody from the other parent?

Not take but they can petition for custody in court. Unless the parent is unfit the most they will get is probably shared custody though.

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