Primary Physical Custody

Question: When the courts make one parent the primary physical custody or primary residential parent what does that usua? This is speaking if both parents have a Joint Custody Arrangement, one has to be the primary.

Answer: If you have joint legal custody, the child lives with one parent and has visitation with the other. Decisions regarding choice of school, city of residence, medical treatment, etc. are made jointly. The parent the child lives with is the one who is best able to provide stability. In most cases, this is the mother, as she has usually been the child's primary care giver. If you have joint physical custody, the child lives with both parents equally. Decisions are made jointly.

Question: Whats the difference between Physical/Sole/Primary Custody? Ive heard there is many different terms to getting custody... Ive heard: Sole Custody Primary custody Physical Custody Legal Custody Sole/Physical custody

Answer: Sole custody is when only one parent has custody of the child. Primary is when both do but the child resides with one parent primarily. I am not 100 percent sure on the other so I wont say what I think

Question: I was granted sole primary physical custody of my 2 children. Do I have to consult their father about anything Their father has not been there for three years and the children do not want to see him. They are scared of him. What should I do? Some people tell me that I have to let him see them. The problem is he just wants to be there when he feels it suits him.

Answer: Your order should actually say whether you must or not. If it doesn't say or it's ambiguous, I would contact your attorney or the court to find out for sure. Typically, unless the other parents rights were terminated, or your order says otherwise, you are still supposed to consult with them on major decisions. Also if the order gives the father visitation, you must still comply unless the court says otherwise or you can be held in contempt. Depending on the age of the children, the judge may listen to their fears.

Question: should I file for primary physical custody? My ex is having a baby with his girlfriend? He has been an involved father so far with our kids and has not moved in full time with his girlfriend due to his responsibilites to our kids. Now she is having his baby. We are in the middle of finalizing the divorce. Should i file for primary physical custody cause i feel things may change now and he may move in with his GF in another town but same state as us. Would this be fair to my kids ? they do love and respect him and dont know abt the baby . I am afraid this may have an impact on kids.

Answer: If he is a good, responsible father then sit down with him and discuss the future of your custody arrangement. Find out what his plans are before starting a court proceeding.

Question: does having primary physical custody allow me to let my child live with someone else other than family? im 16 and i hate my dad and he has emotionally and mental abused me in the past 10 months.him and his wife want nothing to do with me. but yet he threatens to send me to juvenile hall if he catches me in the home of my friends family. my mom has primary physical custody of me and i want to know if that gives her the right to allow me to live with my friends family to finish school.

Answer: My step daughter's mother is the custodial parent, and currently the parenting agreement contract between my husband and her mother states that the father has first right of refusal of anyone else watching the child in the absence of her mother. I know from experience it's hard to enforce, and hard to prove anything... However, If your dad wanted to he could take your mom to court and fight for custody of you since you aren't living in her home. He technically can have some say so. Yet on the other hand, your mom or you can take him to court and ask a judge to terminate his parental rights. You can explain to the judge how he is abusive. I don't know how the laws are where you live regarding this sort of thing. But they do their best to do their best to do what is in the best interest of the child. Check out this website. Post your question there and maybe you can get an even better answer. http://boards.answers.findlaw.com/FL-Ans… Good luck.

Question: Primary physical Custody vs Joint Custody? Currently, I have primary custody of my daughter (12 months old) and we share joint legal custody. Now, because of child support (his words not my opinion) he wants to get joint physical custody of her when he returns from bootcamp. I have no desire to give him her 50/50 because of partying problems and a wife that has anger issues. He also has not payed much child support at all. Does he have to prove me unfit to get my daughter 50/50 or how easy is it for him to get 50/50 physical custody? (I don't think he realizes he'd still pay child support)

Answer: No, he doesn’t have to prove you unfit to get 50/50 custody. You need to start working on proving your case. If you can prove it, then he'll likely be unsuccessful. By the way, if he gets 50/50 custody, even IF he still has to pay child support (and he may not), it will be greatly reduced.

Question: If a mom loses primary physical custody for 5 months can she ever regain it again?

Answer: Yes, just follow what they want.

Question: if i get partial custody and my wife gets Primary Physical Custody would my child ever get to stay the night? at all with me in the future

Answer: Yes, see links below. http://dads-house.org/ http://wiki.answers.com/Q/What_should_be… http://wiki.answers.com/Q/Visitation_Ord… http://tinyurl.com/JointCustodyMaking-A-… http://tinyurl.com/JointCustodyMaking-A-… http://tinyurl.com/CooperativeParenting http://wiki.answers.com/Q/Bird_Nest_Cust… \\\\\\\\\\\\\\\\\\\\\

Question: is Primary Physical and Sole Physical custody the same term? is Permanent Physical Custody the same thing as well?

Answer: No, they mean different things. Primary physical custody = having the child with you the majority of the time (51% or more) Sole physical custody = the child is with you all of the time (no visitation with the other parent) I've never heard of permanent physical custody.

Question: My husband has Sole Legal Primary Physical custody of his daughter.? Per court order she gets one week of visitation in June, One in July and One in August. Does she need permission before taking her out of state on vacation.

Answer: Not if that is not specified in the decree and she sticks to her week time span. Any longer than that and I believe she would have to get consent from you.

Question: I already have primary physical custody of my daughter- her father has shared- if I move to another state,? will it affect the custody agreement? And I also have a child support agreement, will I have to reapply in the new state? I am moving from PA to NY- the driving time is still the same between my ex and I its just in a different direction. Do I have to take any legal steps before I move or can I just move? Do I have to file with the PA court?

Answer: Of course you have to take legal steps to move UNLESS your final custody order specifically gives you permission to move out of the jurisdiction. You cannot remove the child from the jurisdiction of PA without going back to court. If your ex doesn't intend to contest this, then it should be a simple matter of getting a judge to sign off on an agreed order. If your ex DOES contest this, then you'll be looking at going to a hearing to argue about it. The child support order will remain in effect regardless of where you live. Custody and child support are two different issues.

Question: i have joint legal and primary physical custody of my (2) children: Do i claim both children on my taxes?" And, my ex is over 4 months behind on his child support payments. So now who gets to claim both children?

Answer: Unless the divorce decree says otherwise (they sometimes do) the parent who provides more than 50% of the cost of the dependent is able to take all deductions. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

Question: Does Primary physical residence and Primary physical custody mean the same thing? I am disabled, and have lived seperately from my ex since 2002. AT which time he took me to court and we have had Joint custody with him having primary physical residence. The judge explained that Primary physical residence was granted just so the children could keep there same address. I believed this. He was ordered to pay child support to me, and has since 2002. Someone has told him that because he has rpimary physical residence that he doesn't have to continue the child support. He is taking me back to court April 21st. I am on Social Security Disability, and my kids recieve a very very small SSI check, with out his support I will not be able to maintain my home. Let me also point out that the Support magistrate back in 2002 wanted him to pay $130.00/wk.. I felt sorry for him and I had it reduced to $60.00/wk. I am confused as to why my support papers say that I am the custodial parent, and EVERYONE is telling me he should be, because he has primary physical residence.

Answer: As the judge explained primary physical residence only means the permanent address of the children, if he is going back to court when you have an order of physical custody then i would inform him tat you intend to petition the court for reinstatement of the 130.00 per month as you only reduced it as a token of good will.~

Question: Custody Question-I have primary physical custody but want to get it changed to sole custody? I have had primary physical custody of my daughter for almost 2 years now. For the past year of having physical custody of her, my ex-wife has not bothered to exercise her visitations. She has not called or contacted my daughter in almost a year as well. She did not send anything for Christmas or my daughter's birthday. She knows our address as well as phone number, and I've let my daughter call her but she never returns the phone calls. I would like to get sole custody of my daughter, I honestly feel it would be in the best interests of her if I did have sole custody. I would allow visitation, but under my discretion. What I am wondering is, is there any way that I can file for sole custody of my daughter alone without having to hire an attorney? Could I file abandonment papers? I'm in the state of North Carolina. Any help would be appreciated. Thank you! Edit***I didn't ask if it was free to consult an attorney. In fact, no, it is not free to consult an attorney because in my area every attorney I have called listed in the phone book want $250 minimum, just TO consult with them. If you don't like me asking my question, then perhaps you shouldn't have wasted your time and energy to leave a comment that didn't help me to begin with. Yahoo answers is for asking questions, and I have every right to ask my question just as much as any one else. So, don't bother swinging by to answer questions if you don't know the answer.

Answer: You can file the paperwork yourself and represent yourself in court if you so desire. Just explain to the Judge your reasons and pray for the best. Now the courts will make every attempt to serve her with notice that youre doing this and she may or may not get an attorney which at that time you may reconsider getting one if you dont understand any countersuit to stop you. She may not even challenge you at all so all you can do is contact your court clerk and theyll tell you how to proceed. Good luck

Question: I was awarded primary physical custody in a PFA with a shared custody order already in place, what now? I live in Pennsylvania and I was told by child services to file a PFA for my child against said child's father. I was awarded a temporary PFA and then a full PFA. In the PFA it states: "Primary physical custody of the minor child/ren is awarded to Plaintiff." We already had a custody order set forth by the courts, which entailed that we had shared custody but that the child lives primarily with me. He had 2 days every other weekend. Since we had shared custody, I had to consult him prior to do anything in regards to my child's health, schooling, extracurricular activities, etc. Now that this PFA is in order, what does that mean for our previous custody agreement? I know (obviously) that he isn't allowed near her and any visitation or other contact is off limits. With this definition of custody, however, does that mean that he has no say in what goes on with her. In the custody agreement there was a brief statement saying that I could not leave the county without first filing a petition for relocation. With this PFA can I legally leave the county or even state, or do I have to still file something first? Basically, does this order completely void our previous custody order, or do I have to go to court to change the order still? If I do, does anyone know what needs to be filed or if I just have to file the PFA with the custody people (not sure where I would go, prothonotary?)? Also, the PFA and custody are held in the same court. Thank you for the help.

Answer: This question should be asked to the judge or a lawyer. Remember, consultants are free.

Question: I have legal and primary physical custody of my son, can his Grandparents take him out of state? I was awarded legal and primary physical custody of my 7yo son. His Grandparents have partial physical custody for 48 hrs/month, no legal custody. I share Legal custody with his biological father (who is incarcerated) and we both agree that we do not want our son to be taken out of state during his time with his Grandparents. Since it is labeled "partial physical" and not "visitation" does that give them the right to decide where they take him? They want to take him on vacation with them this summer during their scheduled visit. We do not get along, and I wouldn't want anybody taking my son out of state without me.

Answer: His grandparents must have the permission of the custodial parent (you), to take him anywhere. If you tell them no, they are required to respect your wishes, or they could lose their partial physical custody.

Question: My exhusband has asked for primary physical custody of our child? My soon to be exhusband just filed for a modification of custody order that asks the court to grant him primary physical custody. The custody order has our child going back and forth every 4 weeks. Since all bank accounts were in his name, he had all the access to money. What can I do? How can I ask the court to have him pay court costs? He's asking for primary physical custody and I have no way on defending myself. You guys dont know half the story. He comes from a well off family and is going to be bury me in legal fees / costs trying to take my kid away from me after I raised my child practically on my own for the last 5 years.

Answer: Why should he pay court costs? Because your too lazy to get off your butt and get a job? Seriously if your that lazy and irresponsible then he probably should be awarded custody.

Question: I have primary physical custody of our daughter. We have joint legal custoday.? The visitation agreement is written in the separation agreement (every other sat. no over nights). Can he visit her at day care or pick her from day care without my approval if it is not during his "sat" ?

Answer: Primary physical custody is a term that is often used in child custody orders to denote the parent with whom a child spends or lives the great majority of time with. It is a term that is often used in cases where parents are awarded joint physical custody and one parent has slightly more time with his/her child than the other. However, in most states, there is no statutory language or code where the primary physical custody terminology can be found and therefore it has no legal meaning.In cases where the term primary physical custody is used in the order, the court will be tasked to look at the existing de facto arrangement between the parents to determine whether the parents have a true joint physical custody arrangement or if one parent has sole physical custody with visitation rights to the other parent. Your arrangement was for saturday visits only therefore he can not pick child up from day care without your approval.

Question: What are my chances for Primary Physical custody? I have a 3 year old son with this girlfriend of mine. She lives with me right now but we are splitting up so we decided to do “joint custody. She wants him to live with her and so I would be the one with less time with him but in reality I would like to have him more than her or have my place be his main living quarters. She makes half of what I make, has a lot of credit card debt, and is always scrounging for money. She basically lived free the whole time with me besides paying for occasional utilities and groceries every month because she was paying most of her debt off. I have my own house, good job with good pay. One time she filed for child support while we were living together still, and we had to go to court to cancel. She also tried to doing it a second time but I never got the papers. I think she jumps the gun a little too fast. Right now our son lives with us and goes to the local school system. What do you think my chances of getting him to live with me as his primary residence? I know women usually get the upper hand in the court decision but there have been cases of men getting physical custody too. What should I do and do I have a chance?

Answer: You can easily get 50/50 custody, but unless she is homeless, you'll need to have a really good lawyer to get more than that.

Question: Court order says joint legal custody and mother with primary physical custody, she says she has final say...? the court order says we have joint legal custody and her with primary physical custody, she usually makes all the decisions and i never complain cause they are usually best interest of the child. She has now remarried and moved closer to where i live but refuses to let our child go to school in my community when she works across the street from the school and he would never have to be at a sitters before or after school, i would actually get to spend more time with him this way but she says that he will continue going to the school that he used to live at even tho she has to find a way to get him to school and he has to go to a sitters afterwards (and they do not live in that school district). She also says that he can not play sports for the school that is in my area even tho it is a program that accepts kids from the surrounding area and different schools as long as they are not playing that sport at the school they are attending. She finally said that I have no control at all and she has the final say, the lawyer says i have a say in these matters, I have always paid my child support and have never had a problem until recently, she will not let me see him any extra unless there is an ultamatium to it. What rights do I have I dont want to cause problems I would just like to be more envolved in my sons life.. Also she is always saying that i am not involved with him, order says every other weekend and any time agreed on by both parents, anytime i ask for extra time she says no, what can i do? I have asked for reports from school so i can be more involved but only get something about 2 times a school year even tho it is brought up biweekly, I am not listed on any of the school forms her new husband is, how is this fair to me? i would agree if it was a better school but they are about the same. she had told me before school was out last year that she would be enrolling him in the school here in my town, we only live 6 miles apart, but then she started seeing the guy and got married 2 months later and said that is daugter goes to a middle school in that area and there is not need for him to go to a different school even tho he is only in 1st grade. also her new husband is a tech at the middle school so she says thats more reason for him to go there

Answer: Call the school where she wants to keep him and find out what their policy is on children who attend but live in a different district. Usually they give them so many days to relocate, period. Go into the school and ask for those forms. You should take your id and a copy of your divorce decree. You should also set up a conference with your son's teachers so you know them, they know you and you have a feel for how your son is doing. At that conference, get each teacher's email address so that YOU can initiate emails asking for an update. Do you have the money to go back to court? You should ask for specific days of visitation rather than leaving it to her discretion. Hopefully, you could plan that visitation for the days of practice for the sports teams If you don't have the money for an attorney, write a letter and send it certified (so she'll thin that you're collecting evidence for a case). Ask for a day after school every week for visitation. Tell her you've added your name to the forms, tell her you've met with the teachers, tell her you're requesting in writing that he not be sent to school in a shady fashion that might cause him to lie or go to school with kids who don't actually live in his neighborhood (i.e. out of district). Tell her that it's in the "best interest of the child" that you son attend in your neighborhood for the reasons you mention above. You should've played hardball with her a while back. I understand that you want to get along with her, but it's costing you time with your son. SHe can't control you doing anything I've mentioned above, but I'd do it all very quicly, then I'd tell her. Her head will be spinning.