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== == The important word here is PRIMARY, which means MOST of the time. The other party has "secondary " custody, which means SOME of the time. Remember that being divorced doesn't mean that the other party looses their rights to see the kids. The other person is still a Parent to those children, right?

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โˆ™ 2008-05-12 12:32:11
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Q: If you were awarded primary physical custody by your ex why does he still get the kids for three days a week?
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What happens with sole custody after the father is awarded visitation in Tennessee?

The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.

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 get sole custody if your spouse still legally married has moved out of state?

Most states lean toward Joint Legal Custody with primary residential custody

Does a father with primar physical cusody still have to pay child support?

Yes, until/unless the courts grant primary legal custody and terminate support.

If your dad sent you to live somewhere else does that mean he still has custody of you?

If you live in the US... Yes, Dad still has custody, unless he has voluntarily given legal custody to someone else or the court has awarded legal custody to someone else (normally only happens in cases where the parent has been proven to be unfit).

Is it kidnapping if a mother with primary fled the state against court order the father took the matter to court and was awarded full custody and the mother still refuses to disclose to location of or?

No! Kidnapping involves other elements that make it a crime. The events described above mean a contempt of court, violation of custody agreement etc.

When you have joint custody with a primary does anyone still have to pay child support?

Often, yes. Even tho the parents have joint custody it is usually the case that one parent has primary responsibility for the child's day-to-day care.

Custody Rights for Fathers?

Custody rights for fathers is a hot issue and rightly so. Even today, in 7 out of 10 custody cases, primary custody is awarded to the mother. In less than 3% of all cases, primary custody rights are granted to the father. In recent years, fathers and non-profit organizations have become very vocal regarding a father’s rights to be a part of his children’s lives after a divorce or separation. Fathers who are facing divorce or separation from a significant other and who also have children are often worried about when and how often they will be able to see their children. Given the facts stated above, this is a valid concern. Courts are supposed to award custody to the parent who is best suited to protect the best interests of the child or children and judges make their determinations based on a number of factors, but in most cases custody is still awarded to the mother, who has often been the primary caregiver. Most of the time this is a result of the father having been the primary breadwinner. The good news is that many advances have been made in custody rights for fathers and dads are enjoying joint custody more often now than ever before. Fathers are also being awarded more parenting time which means they are able to spend more quality time with their children after the breakdown of a relationship with the mother. In order for a father to get the most time with their children possible or to be awarded custody, it’s important for him to understand different type of custody, his rights as a parent, and to be prepared. A good attorney who specializes in father’s rights can be very helpful during this process. There are two main types of custody, physical custody and legal custody. Physical custody refers to which parent the children live with the majority of the time and legal custody relates to decisions regarding schooling, medical care, and religion. Even father’s who are unable to have their children live with them full time often would like to have joint legal custody, which allows them to play a part in making decisions that affect their children’s medical care, education, and religious upbringing. Attorney’s representing fathers will fight hard to get a father joint legal custody even when he sole physical custody is not an option. This is an important legal right for father’s after a divorce. Another option that is rapidly gaining popularity is shared physical custody. For parents that live close to one another after a divorce, this is often an option that allows them to equally split parenting time and to both remain involved in the upbringing of minor children. Custody disputes can be difficult and it’s important for fathers to know and understand their rights before beginning one. Father’s who are going through a divorce or separation where there are children involved should contact an attorney with experience in protecting a father’s rights to be a part of his children’s lives.

What is joint custody regarding children?

There are three types of joint custody.Joint Legal Custody Similar to sole custody, whereby one parent still retains primary residential custody and control of the children.Joint Physical Custody Otherwise referred to as Split Custody, each parent has residential custody and control of the children 50% of the time.Bird Nest Custody The children remain in the family home and each parent resides there for a designated period of time, then switch.

What percent of women win child custody cases?

That's interpretive as there are four levels of custody. Sole Custody Joint Legal with Primary Residential Joint Physical Custody Bird Nest Custody Fathers with primary or sole custody runs 15%. Joint physical custody runs 25% Mother with primary or sole custody is 60% But, single mothers have sole custody by default in 100% of the cases until ruled on otherwise by the courts. Also, attorneys tell fathers not to try for custody as they don't win, and most attorneys that do try are not fully capable of representing fathers, so the mothers win. In the cases where fathers do challenge for custody, 60% of them will be accused of child sexual abuse as a tactic by the mother to prevent him getting it, but even when successful, they can still lose as 30% of them learn they are not the father of one or more of the children. If he does win custody, he can than be accused of domestic violence committed some time in the previous 12 months, as which point an injunction stops him from getting the child until he can prove himself innocent. If he does prove himself innocent, or it was found that he defended himself when she attacked him, then he cannot have custody because that's still considered domestic violence against the mother.

Can a 16 year old live with one parent one week and another parent one week and still get child support to the parent who was awarded custody?


Can you move to your fathers without your mothers permission?

No, not if your mother has sole physical custody. If there is a joint custody arrangement, you'd still need the cooperation of both parents to make it happen.

Can your ex husand still get child support if he gets legally married in arizona?

Yes, if he has physical custody of your child.

Do you still have to pay child support if you have joint physical and legal custody of your child in MS?

If it's ordered by the court, yes.

Do you still have custody of your niece if you never signed back to her parents?

That depends on where you live and your custody order. Were you granted temporary custody with parental rights intact? Were the parents divested of their parental rights and you were granted sole legal and physical custody? There are all different kinds of custody agreements and they can be modified. Refer to your documents or seek the advice of an attorney for an informed opinion.

In NJ if mother has sole physical custody of child can we move to another state?

Yes, but the father can still file an injunction to prevent it.

In the state of VA if a father has primary physical custody of his child since she was 4 months old can the mother come in and take the primary physical custody away from him?

Not if you have it by court order, but this is a major failing in fathers when the mother runs off. They don't get a custody or child support order.They fully expect mom to come back, than even when they do move on, they still don't get an order. This is particularly bad for single fathers, because without a court order, they legally have no assume rights to the children (see link). For marred men, the mother comes back, ask for visitation, which he gives freely. She gets possession of the children, than files for custody. He's left with an expensive custody challenge, especially if she claims she left because he was abusive.

What does it mean to retain parental rights but lose custody?

It means you have lost your right to physical and legal custody but you are still eligible to request visitation rights. Without parental rights you have no rights whatsoever in regards to your child.

Can 10 year olds choose to go to their dad or mom?

In court with a custody hearing the child's decision may be considered but when you are under the age of eighteen the court still has the ultimate decision of who is awarded custody based on which parent has the best opportunity to raise and guide you through your formative years.

Does a recently convicted felon still have rights to his children?

Youll have to be more specific. What 'rights' you are referring to? What are the ages of the children? Who has primary custody of them while you are (presumably) in prison?

Well what if your folks are not together any more can you still move out at 17 to go live with your other parent?

It can depend on what state you live in, and it can depend on the wording of the court order that awarded you custody to the custodial parent.

Can you leave the country with your child if you are still married?

Unless the court has awarded the parent full legal and physical custody he or she cannot remove a minor child from his o or her current state of residency wihtout the written permission of the other parent. A passport will not be issued for a minor child unless both parents have submitted the required documentation/identification.

Is codey posey still in custody?

yes. he is in custody until he is 21 which is october 2010

Does an unmarried mother still have sole custody after father has been awarded visitation in Tennessee?

She needs to review the court order that established the visitations. The order should state the legal custody arrangement along with the visitation schedule. For example it could state, "The mother shall have sole legal custody and the father shall have the right to visitations with the child every other weekend and alternating holidays."

Your court order was filed in Ontario but your son and you are moving to Edmonton does his father still have to pay child support?

Yes/NoIf he is awarded custody because you're trying to take his child away from him, he won't be paying.