Physical Custody

Question: What would stop the mother from getting physical custody in a custody hearing? what would stop the mother from having physical custody? And how is physical custody determened?

Answer: The central question the court must answer is: What is in the best interest of the child? Thus, the court will have to determine the home in which the child is most likely to have a safe, stable, nurturing environment. Do not assume that the mother's home is the default correct answer to the court's question. A person in a contested custody lawsuit should expect it to be difficult, unpleasant, and very expensive. If the potential custodial parents can trust one another, I would recommend mediation.

Question: What does soul legal and physical custody mean? I was just granted soul legal and physical custody of my children, and I wanted more information on what it means.

Answer: There are two forms of custody, legal custody and physical custody. Unless the parents lives very close to each other, only one parent can have primary physical custody. You have been awarded sole physical custody, which means the children live with you at all times (Although your ex could have been given some visitation, supervised or unsupervised.) The other type of custody is legal custody. Joint legal custody means you have to consult with the other parent in making decisions regarding the children. You have also been granted sole legal custody. That means you never need to consult with the other parent about any issues regarding your children. Sole legal custody is unusual. You are obviously a superior parent and the Court has recognized that fact.

Question: Taking child out of state with full physical custody? I'm planning on joining the military. My fiancee has a kid, who she has full physical custody and joint legal custody of. If I get shipped out of the state (which is almost inevitable), is there anything the kid's dad can do to stop us from taking the kid with us?

Answer: It depends on the divorce decree. If no limitations are set on how close the parents must live in relationship to each other, state lines, or county lines, then there shouldn't be a problem. I have two children from a previous marriage, and married a TSgt in the air force. There was no stipulations in my divorce decree, so I was free to take them. However, the order for visitation over 100 miles will still be applicable, so make sure you can afford to pay for the child to visit if that is specified in the decree. Good Luck. The hard part isn't moving over state lines, it's if you go overseas. If her divorce decree does specify that the child must reside within certain state or county lines, etc., then it may be a costly process to have that changed.

Question: does a father have to pay child support to get joint physical custody? Right now we have custody as agreed upon. He is supposed to pay 200 a month, but is a month behind. He refuses to pay it. Now he says he is going to get joint physical custody and not have to pay child support at all.

Answer: Sole custody fathers still have to pay. http://answers.yahoo.com/question/index?… Take this Quiz on Child Support: http://CHILD_SUPPORT_QUIZ.dads-house.org \\\\\\\\\\\\\

Question: When you have joint physical custody is it okay to move out of state? I'm asking because we are drawing up papers on joint physical custody this week and we agree but if there are future plans on moving will these papers hender the plans? Any examples? Thanks for your help.

Answer: DEFINITELY discuss with your lawyer, but... Regardless of joint cutody or not, your ex will have say in whether you can move. If you can PROVE hardship if you do not move, then the court is more likely to approve, but you must also then be able to PROVE your move will not cause financial hardship to your ex. if you believe you might move out of state, have this written into your papers NOW! Do not leave it to chance when the time comes. My ex and I split and she moved out of state with my two daughters, but I agreed to the move and thus avoided a long court battle. Protect yourself, and consider what is best for your child...period. Hope that helps.

Question: does physical custody mean that parent has the right to decide when the other parent can see children? My husband wants to take 100% physical custody of the kids and give me 50/50 joint custody. Does this mean that he can make the final call when it comes to visitation? Our papers say that the kids would be with us 50/50 depending on our work schedules. But say I have the kids one night and he sais "well, I want to come get them and take him home tonight instead" does that mean that he could do that?

Answer: no...it means that they have the responsibility to take care of all the childs needs...only. The courts decide on parenting time schedules....if he is making up when and when you cant see the kids that dont coincide with the courts order then you should file a written complaint with the court. If its not spelled out clearly then you guys need to get it clarified or adjusted so that you both are on the same page...it sounds like its not very clear. I would have the order clear as to when you get them and when he keeps them...if its when you are off work then he should not come for them until you are scheduled to return to work....but none of it is his choice, its the court who decides.

Question: If a parent is granted legal and physical custody of their children, are they allowed to leave out of state? Does the custodial parent need to seek permission from family court when there is a custody/visitation order in place? One parent is granted sole legal and physical custody, while the non-custodial parent has visitation/parenting time. Can the custodial parent leave and or move out of state and at the same time show the court that it is not merely to keep the children away from the non-custodial parent. And prove that under new circumstances that it is in the "best interest of the children"? And also if the custodial parent is showing a willingness to revise the visitation schedule to include the non-custodial parent "parenting time"?

Answer: State custody laws differ, but in most cases, no, you are not allowed to take the children out of state. In order to do so, you must petition the court for a change, and you must give the non-custodial parent time to respond. You will probably have a hard time proving that the move will be in the best interest of the children as it inteferes with their access to the other parent (and vice versa). Most courts would say this would not be in their best interest. It really depends on the other parent. You might try mediation to revise your cutody agreement. If the non-cust. parent agrees with you, then you can, but get it in writing first.

Question: What happens if you keep your child from his father who has temporary physical custody? My ex has temporary physical custody - and I have found that there are drugs in his home again - as well as my 8 year old is terrified of him, last weekend the police were involved, now he has panic attacks, night terrors etc. What happens if I don't allow him to go tomorrow?

Answer: Take kid to a child psychologist to discuss his fears of dad and what happens to cause this, explaining to psych that you're seeking an emergency order to preclude even temporary custody. Psych needs to know s/he may be required to give evidence. And it's good for kid to know you're on his side, taking him seriously, etc. In the meantime, hie it to family law atty to apply to vary the custody order on the basis of these extraordinary new developments. Should be a slam-dunk. If you do all this while preventing access, dad won't have much truck if/when he threatens to call police to have you charged with kidnap - which he could certainly do if you prevent access w/o sufficient grounds.

Question: Does anyone know about the legality of an enlisted Marine having full physical custody of his children? Currently, I have full custody of our children because he is still on active duty. The lawyers had told me that he could not have full physical custody because he can be deployed at any time. He has now hired a lawyer and wants full physical custody. He is remarried, but so am I. Can anyone give me any insight to the law, if it has changed?

Answer: According to a contact I have in NCIS, there's no such regulation, so it's up to the evidence. \\\\\\\\\\\\\\\\\\\\\\

Question: What does "physical custody of the children" mean? Hello, going through divorce in California. 2 kids involved. The ex agreed to shared legal custody of the children, but wants full physical custody of the children. We've agreed to 4 days with her, 3 days with me type of arrangement, so not sure what "full physical custody of the children" means in practice. Can somebody tell me? We are doing the divorce thing without lawyers, so that is why I asking here.

Answer: I don't really understand why they let people ask legal advice on this site. Everyone who posts who isn't a lawyer either gives incorrect answers or is breaking the law by giving legal advice without license, everyone who is a law student cannot even post what they think the answer is or they may accidentally disqualify themselves for membership with the bar, and lawyers could get in trouble if they're not licensed in the correct state (not to mention the online jurisdictional nightmare). No one who knows the answers can post them.

Question: Can a person fight for physical custody without a lawyer? My exhusband and I have joint legal custody of our children. I have full physical custody of the girls, he has full physical custody of the boys. The boys are 11 and 10, they want to be with me. I am going to court to do whats best for the boys. I know that the court will see that too...no question about it. I don't know much about this cause when we got divorced I had help paying for my lawyer. It's either legal aid or on my own. Could I do it? I'm in Minnesota if that helps.

Answer: You can file on your own. It's called "Pro Se". However, before you do, you have to ask yourself: Can I remove my emotional feelings about the situation and present a concise, logical argument? Do I have access to enough legal information, and do I know how to USE that information correctly? As a mother, I understand your passion, and I sympathize with you. However, "any man who represents himself has a fool for an attorney." If you have a valid complaint, legal aid will be able to help you much more effectively than you will be able to help yourself.

Question: Is it legally possible for a parent who is Level 3 sex offender be awarded physical custody? Female child age 10 -currently resides with father of which is a Level 3 sex offender and listed on internet as being so. Is it possible for him to be awarded physical custody.

Answer: Most likely not, but I guess it's possible.

Question: Would it be difficult for a father to get physical custody (permanent physical custody of her) of his daughter? Would it be difficult for a father to get physical custody (permanent physical custody of her) of his daughter? He was ordered to pay child support, by family court. Than her mother was arrested and will spend a few years in prison. He has a pretty good relation ship with his daughter, and can take custody of her immediately, if the court would give it to him.

Answer: It should be easy if he doesn't have any abuse on his record. No drugs or alcohol problems. As the father he is her closest relative. He should start on this immediately to show his good intent.

Question: Are there mothers, who voluntary give physical custody of a new born baby to the father and his parents? Are there mothers, who voluntary give physical custody of a new born baby to the father and his parents. The father lives with his parents, his parents (child’s grand parents) can provide the baby a good home with out the help of the government, mother and the father (there son) and as long as his parents don’t go bankrupt. The mother can see her baby daughter any time without going to court and does not even have to pay child support.

Answer: I'm sure there are many situation like this. The mother usually gets custody of babies and young children in a custody battle, unless she is shown to be unfit, or if she does not want custody. If you have a baby and don't want custody of it, or if you cannot care for it, I strongly recommend giving the baby to someone who will be able to love it and care for it. If this person is within your family, then awesome. Otherwise, the baby can be given up for adoption. There are a lot of people in the US who want to adopt newborns.

Question: How do i get my ex to have Joint Physical Custody of our 6year old? I'm a single mum and i work full time, my ex only takes our son one night a fortnight and it's a big hassle for him to have him over the hoildays while i work, would like to know if i can get Joint Physical Custody from myside. I need help.

Answer: i dont think that youe ex would be a good role model for your child to be around so much if he has a child and could care less about what life the child has.

Question: Is split legal guardianship the same as joint physical custody in the State of Indiana? Me and my girlfriend live together with our son, and we settled a malpractice lawsuit that gave us both legal guardianship over him through the courts!!....I was just wondering if we ever decided not to be together befor he becomes 18 years of age, would I have joint physical custody of him!! I just thought that is was the same thing since we both had to sign off on the paperwork for legal guardianship!!

Answer: They are not the same thing. If you split up and can't decide custody the court will decide and for obvious reasons the physical custody usually goes to the mother with visitation rights to the father.

Question: If i had joint legal and physical custody of my child and my spouse dissapered with the child would i pay cs? If i had joint legal and physical custody of my child and my spouse up and left with our child with no fowarding address or phone number would i have to pay child support?

Answer: Immediately file a motion for contempt of court, motion for sole custody, and suspension of child support. Once you do learn where she is, you take your order to that state, register it, and go pick up your children. Go to Dads House in Yahoo Groups. There's a free manual there that will teach you all you need to know, and association with others involved in similar cases. http://Dads-House.org/ \\\\\\\\\\\\\\\\

Question: What is Joint primary and physical custody? Does anyone know what joint primary and physical custody mean? Does that mean the party who is asking for joint primary will recieve primary custody? I am confused...

Answer: primary custody regards decision making powers of the guardian. it decides who has the power to make decisions in regards to schooling, religion, sporting activities etc. physical custody means who the child lives with. joint physical and primary custody means that both parents share the decision making powers and the physical custody.

Question: can a parent be authorize representative for payments for a child and not have physical custody of the child? A friend of mine is giving physical custody of her children to their father. The father receives Disability and she gets payments from his disability for their children. Can she continue to receive the payments even though he has physical custody? She says they have decided that she would continue to receive the checks and cash them and then give the money to him to support the children. It just does'nt seem right to me. But they didn't want to go through the red tape of switching everything.

Answer: If they have an agreement between the two of them to care for their children in this way, then they do. It's not up to you to meddle. Stay out of it.

Question: how can a joint physical custody affect me as the mom? our 5 year old daughter lives with me. my ex husband on the other hand is 200 miles away. our daughter is a full time student already here. i just want to know why i can't just have the whole physical custody of our daughter since she does live with me and joint on legal custody with my ex husband.

Answer: Do you have anything already set up through the courts? You don't state this. Joint physical and joint legal are two totally different things. If your daughter lives with you and is school aged, then you technically have sole physical custody. If you consult with her father over big issues like education, religion, medical, etc., then you both have joint LEGAL custody. Joint PHYSICAL custody, with that large of a distance, wouldn't really be very feasible, but he could have extended visitations, such as school breaks and summer vacation, but obviously the typical "every other weekend" situation would not fly in your guys' case.