Sole Physical Custody

Question: If one parent has sole physical custody and joint legal custody, how likely would it be to move out of state? I have sole physical custody and joint legal custody of my child. I live in Michigan and was wondering if anyone has any information regarding this matter, or can direct me to a useful website. I'm just wondering what the likelyhood of the court allowing me to move to a different state would be. It's unfortunate that people judge others without even knowing their situation. Isn't that what this website is for...to ask question you don't know the answers to? Not to be critized or judged.

Answer: You could move if you wanted to but please think of your child first... What is most healthy for the child. I'm a divorced father who loves to be with his kids and the ex makes it difficult. You do not go into details about the relationships of child-father, you-ex, so none of us know if you are being vindictive, running for your life, or somewhere in-between. Good luck!

Question: Difference between joint physical custody and regular sole custody with liberal visitation? What additional rights/etc. does joint physical custody convey as opposed to sole physical custody (shared legal) with very liberal visitation. My stbx has accepted a visitation arrangement where she is offering me 40% of the time with the children (all weekends - Fri, Sat, and Sun nights except the first one of the month) and 8 weeks during the summer and shared holidays. However, she will only offer this schedule if I will pay the full amount of child support (no deduction for amount of time they spend with me). Its either that, she says, or go to court and risk paying full amount of child support and only having kids regular visitation schedule. In essence, I am being blackmailed. So, at this point I am not sure what to do and emotions are clouding my judgement. By the way, the children are 6 and 4 and we are located in Mississippi. I have asked her only for a 10-15% reduction from what I would have to pay her if we were on a normal visitation schedule to account for travel and child care costs (during the summer) and extra costs I will incur during the rest of the year.

Answer: What your ex is doing is TERRIBLE!!!!!!!!!!!!!!!!! Never use the kids to get money!!! She is literally putting the kids between a rock in a hard spot. For that I'm exteremally sorry. Sounds to me that not only does she want the money, but she's wanting the weekends and most of the summer time to go out and play (I don't know her personnally so I can't say with confidence), so I'd think about her bluff. In the end- visitations is ALL about the kids..........SO play her a little bit to she if she is bluffing and if you know she is push your side. If you know she isn't bluffing I'd bite the bullet and agree with her afterall it is about the kids. Then when the kids reach a certain age...see where they want to live and enforce their decision b/c you love them. I wish you the best of luck!!!

Question: will i have sole physical custody of my son? i asked a previous question asking if i would have sole custody.. me and the father were not together during the entire pregnancy, and we live in different cities, 5 hours away. Does this mean i will receive sole physical custody of my son after he's born? i am okay with him having visitation to see the child as long as it is not a 50-50 type deal. Also, generally at what age do the courts give a father weekend visitation, and is it dependent upon how comfortable the mother is with is. Because i cant say i would be too comfortable with him being shipped off 5 hours away at such a young age. And does the kind of visitation the father receive depend upon how much he attempts to visit the child? say if he visits him often for the first 6 months of his life then slowly starts making less effort, will they take this into consideration when down the road he wants weekend visitation? Sorry i know alot of questions!! i live in canada so i know the laws may be different, but any input would be helpful

Answer: the only way you can get sole custody is by going to family court to apply for it, otherwise it's joint custody ((50-50, as much as you don't like it, that's the way it is)) and you won't be granted full custody until the child is one year of age, and that's only if he doesn't make support payments. a friend of mine is currently going through the same issue and that's what they told her :x your best bet now though, while still pregnant ((if you are)) is to go to a social worker and explain your situation and then you can work out a plan from there. weekend visitation isn't dependent on how comfortable the mother is with it either, because of you two living so far apart, weekend visits would be him taking the child for the weekend basically, and it can start as soon as the child is a month old. unless the child is strictly breastfed. best of luck though to you

Question: Can a father with sole physical custody file for child support if the mother doesnt have a stable job?

Answer: Well, my new husband has 2 kids with his ex-wife. She's a crack addict, and he has sole custody (she is only allowed supervised visits, and the courts have now cut her off from all contact!). My husband filed for child support, but the ex-wife hasn't worked a day in her life. He was awarded the minimum of $10 a week per child (in Pennsylvania). He then filed a petition for modification to have the amount increased, even though she still doesn't have a job and still isn't paying, and was awarded an increase. He is now due support of $15 a week per child. If she doesn't pay for 6 months, she gets a free trip to the county lock up. We're hoping she'll detox and be normal for a while. But anyway, yes you can, and even if she doesn't work, she made the child and it is her responsibility to help support the child financially, even if it is minimal.

Question: I have sole physical custody of my daughter w/ my ex having visitation, can I stop the visitations? My ex keeps calling DSS on me and my wife saying we abuse and neglect, mine and her daughter, and mine and my wifes son and every time DSS rules in our favor! Our court papers clear state I have sole physical custody with my ex having visitation but I am afraid the visitations are cause my daughter mental trama and undue stress. Due, to my ex-wifes constant questions of my daughter. I have been told because I have sole physical custody I can stop the visitations even though in the court papers it gives my ex visitation! Can anyone here give me a good answer or advice me what i can do?

Answer: You can't just stop visitation. Not legally, anyway. If you feel that it the visitation is not good for your daughter, physically or emotionally, then you can go to court and ask for it to be stopped or supervised. You'll probably need to get a psychologist and guardian ad litem to agree with you and recommend that to the judge. Don't you think that never seeing her mother ever again won't do some harm to your daughter, too, though? I think the best thing to do for your daughter is to stop thinking about avenging the craziness that her mother is doing by doing more craziness right back and, instead, try to figure out how you can make your daughter's relationship with her mother better, even if that means you have to make a few personal sacrifices to your pride or your time. Is there anything that you can do to appease her & get her to at least be not working against you when it comes to parenting your child (if you can't get her to work with you, that is)?

Question: im going to file for sole physical custody of my son, what are my chances of the judge giving that? i have a 7mnth old son and his father has not been there even through my pregnacy.when i told him i was pregnat he said he didnt want to talk to me anymore because he didnt want to have to stop partying and stop his life for a kid right now.we both went back and forth with this up until i had my son. then 4months later he decides he wants to be in his life. he seen him 2times and after that he kept telling me he didnt know if he wanted to be in his life.so once agen we went back and forth with it. he called me this week out of noware saying he wants to take him for a week and my reply was NO..my son has no clue who he is.ive been with my fiance back and forth for 4yrs now and hes been there from my pregnacy and on excepting the fact that the baby was not his..he fully supports him. as for my sons father he hasnt done nothing to help. he doesnt want to work cuz he doest want to support him.also when the baby needed medical insurnce he told me no cuz it will mess up all his stuff.

Answer: You may well get physical custody but he will probably get visitation. The up side is that he will be required to pay child supportYou need a lawyer.

Question: I have sole physical custody of 13 year old. Do I have to travel halfway? I was awarded sole physical custody when she decided to move 4+ hours out of state to live with her boyfriend. I love having him. She is supposed to come down every other weekend to see him, her only child (has not done this due to car issues, work etc.), and does not want to pay child support. We are currently going to have to go to the magistrate for her refusal to even pay me $200/month. (When we had joint physical I paid her and still cared for him half the time). Do you think I would be made to meet her half way on Friday and Sunday every other weekend? This would be over 4 hours driving after work on Friday and then on Sunday. I feel this is unreasonable since she chose to leave, I have a 3 year old daughter with my wife that I need to spend time with, and I have had back surgery in the past and have back issues sporadically especially after driving. What do you think? Also...she did not show up to the custody hearing...she was a no show. Again...car problems.

Answer: First thing to remember, this is not about you. So stop whining about your back when your talking about what's best for your son. It really depends on what you and the mother negotiate. Even though she left, you could still be required to pay for half of the travel costs. If she is 4 hours away, you may want to let the boy fly between the cities. If your already going before the judge on the child support issue, get your lawyer to bring up wanting to change the visitation as well. If she is making excuses why she is not seeing your son, then make sure that you document each and every time this happens. It won't look good to the judge when she says that she loves her son but is not willing to do what it takes to get to him. Keep in mind that the judge will be thinking about what is in the best interest of the kids, not what is in your best interest. So, suck it up and be there for your son.

Question: what are the laws in mass. for sole physical custody? im 7 mothes pregnant and do not trust the father. i broke up with him when i was 3 monthes because i finally saw what a horrible person he was. i want him to b able to see that baby and i want him on the birth certificate mainly so it dosent say father un known. but the father thinks that hes going to be able to come and take the baby when ever he wants...and althought this is my first child i dont think its right to take a newborn away from its mother for the weekend. it just seems crazy to me. i was also thinking of takin him to court and proving him unfit beacuse hes 24 and has NEVER had his license because of his record. hes just now getting it for the first time. hes a convicted felon..hes done a year in prison, he even has a record after that. he smokes pot..drinks and parties and 2 days after i found out i was prego he had a gun put to his head and it misfired hes CONSTANLTY in trouble and moving and have a new gf just seems reallllly unstable...call me paranoid and controlling but i DO NOT want my baby alone with some one who gets into those kinds of situations. And if this matters he also hasnt legally worked in 3 years. he get paid under the table by his stripper gf for being her "body Gaurd" while she does bacholer parties..sorry this is so long but i kinda wanted to vent to. So basically...does any one know of any laws in mass. to help me get sole physical custody...and how ugly its gunna get?

Answer: The laws in mass is that custody is lumpy!

Question: my fiancee has a 13 yr old daughter. the mother has sole physical custody? we pay child support to a mother for a child who lives wih the grandmother since kindergarden. now that the child is thirteen she wants to live with the dad.what can we do about this and how can we go about doing it.

Answer: Document the current situation, and go back to the Court of Original Jurisdiction!

Question: sole legal and sole physical custody question? I have a10 year old daughter and recently I filed court papers requesting sole legal and sole physical custody. My daughters father did not go to1st mediation so on court date judge ordered him to go to mediation a 2nd time, he did show and we agreed on sole physical custody with me and joint legal custody, the mediator did ask him y he wanted joint legal because for the last 10yrs he hasnt been too involved. (giving him a chance ) i agreed for joint legal custody. well today was the court date and he was a no show and i asked the judge if i could get sole legal and sole physical and she agreeed. so now with this said, could i move out of the state with my child? and what type of power do i know have with sole legal and sole physical custody? *just fyi we are not married never been*

Answer: You can move out-of-state with your daughter anytime you like without consulting her father. You may make all decisions concerning her education and medical care without consulting her father. You have sole physical custody and sole legal custody of your daughter. You need not consult her father, or obtain his permission, about any matter that concerns your daughter. Good luck to you and your daughter. I wish you well.

Question: Sole Physical Custody & the Classroom? I have court documents that state the following: - Parent A has sole physical custody -Parent A and B share legal custody -Parent B can have every other weekend visits at house IF parent A checks the house and deems it appropriate for kids. -Parent A and B must meet half-way between houses for exchange of kids if Parent A cannot drive to parent B's house. (therefore I take this as both parents being able to drive the kids). My question- Obviously both parents can come to the classroom and interact with their child. However, can parent B pick the child up and take them without prior authorization from parent A? Obviously if this happens I will try to stall and call parent A, but legally, can parent B do this? I am waiting for the call from the attorney but in case my meeting w/ parent A comes before the call, thought I'd ask here. State is Michigan. Both parents are giving me different stories/interpretations of the paperwork. Thanks. Yes, I've already talked with the principal, who went to someone higher-up. But still, I have unanswered questions that they told me to go to the attorney about. Just wanted to see what the consensus was online while I wait for the attorney to call me back.

Answer: From the bit you wrote, Parent B can only pick up the child from school if it is fully authorized by Parent A.

Question: Does my sole physical custody give me the right to decide if my 9 year old can shoot a rifle for fun? I am divorced in Minnesota and have a 9 year old and 5 year old boys. We have joint legal custody, but I have sole physical custody as I have the kids 90% of the time. My oldest wants to shoot a small 22 rifle with me and my ex military boyfriend this weekend at a state approved shooting area. The law states that he can shoot as long as he is with a parent or legal guardian. Here's the problem, his dad doesn't want him to shoot with me. Says he'll throw us both in jail if I let him shoot. My son is very upset. Since I have say on day to day decisions having sole physical, can he play the joint legal card on me? Thank you for any advise! It's not that he doesn't want him to shoot ever, it's that he doesn't want him to shoot with my boyfriend of 8 months and I. He even told me he would take him shooting next time he takes my son to his grandma's farm. Also would like to point out my ex husband has no training whatsoever in shooting guns, whereas my boyfriend was military for 4 years and has a conceal and carry license.

Answer: go for it...he is blowing smoke....

Question: i have sole physical custody-what does default holidays mean? Me and my ex went to court and i got awarded sole physical custody of my 4 year old daughter and he gets every other weekend and 1 night a week. He originally took me to court for joint custody, but was not given that. I represented myself in this, and after we agreed on the visitation, we both met with his lawyer seperately to go over things. While we were going over the paperwork, i asked about the holidays because the paper they have in the order(she said its the same for everyone) is every other year holidays. I asked her what happened if my ex's weekend fell on a holiday and she said that the holidays automatically default back to me, then she went over it pretty quickly. So pretty much what im trying to figure out is what does it mean for the holidays to default to me. Does that mean his weekends would restart the following weekend after the holiday, or will they start after the holiday, does he still get to see my daughter on the holidays? Since i dont have a lawyer i was just trying to get on here and get some quick advice, but i am going to call the judge and ask for a detailed meaning of it, so i dont get confused in all of this, and so my ex cant accuse me of holding our daughter from him. Thanks so much! just to add, while his lawyer was going over this with me, she stated that it doesnt matter whose year it is, they automatically default back to me. we do not have joint physical custody, so she said thats why the holidays will default to me. I have talked to lots of people and some people i know say that every holiday defaults back to me, since he only has visitation. I am just so confused. I tried calling and emailing his lawyer and shes not returning anything, so now im really stuck.

Answer: Good luck with calling the judge. It isn't the judge's job to be your attorney. Generally the holidays fall where they fall, and it is too much trouble to reschedule the alternate weekends every time. But specific visitation can be as complicated--down to the exact minute of transfer--down to putting calendars with weekends marked for the next ten years into the order--as the parties write them up to be. You are going to be stuck with the language in the order, so read it carefully. Propose alternative language to the other side if it isn't clear and you want it worded differently, or simply write up an order the way you want it worded. Sometimes if the two sides can't agree they submit competing orders to the judge and let the judge decide which one is best.

Question: how do i gain sole physical custody of my child? his mother suffers from bi polar disorder and it is in the best interest of the child to be in my custody

Answer: Like for any reason, it requires preparation. First off, having the disease is not in and of itself a problem, only if she not taking her medication, or she one of those who just cannot stay regulated. Illness and stress can affect it in some people. To learn how to prepare, go to Dads House in Yahoo Groups. http://dads-house.org/ \\\\\\\\\\\\\\\\\\\\\

Question: ex wants to sign over sole physical custody to me...whats his rights? we're going through a divorce and we origionally put down that we were going to do that I was the primary giver and then we were doing joint custody...well, he apparently wants no part in his kids's lives...hes going to let me have sole physical custdy and I'm going tomorrow to get it changed at court. The thing is, we got our divorce notarized becaise we have been in agreement ... How will this work? They told me to come in and ge a paper to change it and the judge may decide to do a hearing ( we aren't even having hearings)...how does sole physical custody work? I will be able to move out of state if I want, right?

Answer: Essentially if you have sole custody you can make all the day to day decision affecting your children - but your ex will still have parental rights which means that he can still have a voice for all the major decisions

Question: Me and my wife got sole physical custody of my sister and brothers from my parents? When I was 18 years old I was given Sole Physical Custody of my 3 brothers and one sister. Because my parents decided they didn’t want to care for them anymore. Now after 6 years my parents want custody back. I don’t want to give them back to them I and my wife love them we call them our children, they call us mom and dad. I’ve never asked them for money nor for help of any kind. My parents say because I have my own children we don’t need theirs. They threaten us, an say they will come and take them away. I fear they will kidnap my kids I want to get bodyguards but my wife say that is will scare the kids. I don’t know what to do? Get a lawyer? Could they even take them away? Would the courts give them custody?

Answer: If you have legal sole custody of the children, the parents could/would be charged with kidnap if they try to take them without your permission. Yes, do see a lawyer, and get a restraining order if it comes to that.

Question: LEGAL/Family Law-I have SOLE physical custody & joint legal-NEED CLARIFICATION (any LAWYERS???)? Readers Digest version: I have sole physical and joint legal custody of my 5 children. There is a Criminal Protective Order (C.P.O.)against my ex-husband in regards to myself my fiance (NO CONTACT except for peaceful exchange of children, must stay 100 yards away from us, residence, home, work, vehicles, ect). My ex and I have just come to a stipulated judgment agreement in regards to visitation, which is tricky to say the least with the C.P.O. in place. A brief overview of the visitation boils down to a gradual step up plan to every other weekend w/ overnight-er from Saturday PM thru Sunday PM (by years end). He is allowed to attend school functions and the kids sporting events, but must not speak to me and stay 10 feet away at all times (for school and games only). He is allowed to communicate w/ me via e-mail ONLY for the matters regarding the children & visitation. My question is this: SInce we do have JOINT LEGAL custody-do I have to add him to the childrens emergency cards at school (which would allow him to be notified and p/u kids in an emergency-which I do not think is a good idea). Is he allowed to just show up at the school and sign the, out and remove them? (None of these issues are addressed in the order). I would also like to know what does JOINT LEGAL custody really entail and what are my obligations? Please advise quickly, must know before Monday when school starts. Thank you

Answer: Whatever the court order states is the rules. I wouldn't add him as an emergency contact. If he is entitled to certain custody, then he would be violating the court order if he picks them up from school in violation of the court order. However to prevent any violation, I would give a copy of the court order to the school just in case he tries to violate the order and pick them up. Joint custody is just a legal term--the court order tells everyone who has rights to whom and when they have such. So no matter what you call it, it's the court order that rules.

Question: Will I get primary/sole physical custody of my son? Will I get primary/sole physical custody of my son? I have a three year old son, his mother have been to federal prison for 12 months 3 years ago. and went back to jail for 6 months this year , and have a dui in the past. and the hole time I had my son and her son well she was in jail, and when she was home and working, I was taking care of my son from birth well I run my construction company . and she also like to go out and get drunk and come home sick which I have video of. also when I was a work and I was calling home she didn't pick up the phone, then her phone call me back by a mistake and I was listening to her talk and she was at the bar and left my son and his 8 year brother home alone with the house door unlock.I didn't want to call the police because I didn't went them to take my son. so I call my friend which he is a federal police office. He went to my home and found the kids home and she was not their and he is going to court with me. and I have a Attorney and about 5 wittiness about how I,m a good father and they always seen my son with me, and not with her

Answer: I certainly hope so. There would be no reason why you shouldn't. It will depend what state your in. My advise don't warn your ex of this or even tell your kids they might tell her. It's up to her to show up on the court date. Sounds like you have lot's of proof which is much better than your word against hers.

Question: My fiancé is getting Sole Physical Custody of two children that are not his? My fiancé’s ex girlfriend she had two children before they began dating they are not his. 3 weeks ago his ex girlfriend came to our house crying saying she needs help she and the boys had no where else to go so my fiancé without asking me let them stay with us. When I was talking to him he said that his ex is going to give him Sole Physical Custody because she thinks given my fiancé would be best. He has been there for the boys who are 7 and 5 he said he loves them they are the only father they know. I don’t know how to tell him he is not doing this it is already enough they are staying with us until she leaves. I don’t know what to do?

Answer: 'I don’t know how to tell him he is not doing this' Who made you the ruler of the house? His kids need a place to stay and he's giving them one. If you're not careful, you'll be looking for a place to stay too. Permanently. No man or woman has ever won out over the others kids. I don't think you'll be the first. So don't be dumb by attempting it.

Question: My husband and I have joint custody and I want to join the military. Can I still keep sole physical custody? We have joint custody but I have primary physical custody. He was released from the military due to domestic violence. He has been awarded visitation but no overnights. I followed him during his military career and as a result I do not have a career of my own. The military will provide me with a career to support my children and healthcare for the three of us. I have already spoken with a recruiter and I can join as a single parent. I just need to do a dependent waiver stating that there is someone that will be caring for them while I am training. I need to know if I can still keep sole physical custody after I join and if I have to let him have them while I am gone. He was physically abusive and kicked out of the Air Force because of it. There have also been child molestation reports against him for my 3 year old daughter and a child pornography charge. I am joining the military to give myself a career, get college paid for, and the healthcare is unbeatable. I just want to know if I can keep custody of my kids.

Answer: Are you still married or in the process of divorcing? Generally, no, you can't. The military is not interested in single parents, they need people able to deploy at a moments notice. My guess is that primary physical custody would need to be with your husband (or ex husband) and you would get visitation. Again, my guess is no, but speak with a recruiter to make sure.