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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.
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RossCustody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order. Generally there are two main categories of custody:
- Legal Custody: Legal custody refers to making major decisions in your child's life such as medical and health related decisions, education, and welfare.
- Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.
Sole Legal
One parent has the right to make any decisions that affect the child.
Joint Legal
Both parents have the right to be involved in decisions regarding the child.
Sole Physical
The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.
Joint Physical
Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.
Generally the phrase full custody is used to refer to a parent with sole legal custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custodymeans the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.
Here's the code citation from the CA Family Law Code Website FAMILY.CODE SECTION 3000-3007 3000. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. 3002. "Joint custody" means joint physical custody and joint legal custody. 3003. "Joint legal custody" means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. 3004. "Joint physical custody" means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents, subject to Sections 3011 and 3020. 3006. "Sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. 3007. "Sole physical custody" means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. leginfo.ca See also steveshorr.com
Joint custody is when both parents have control over the child and decide things together involving the child. Sole custody is when one parent can choice and decide everything for that child the other parent does not have a say so in the situation depending on what the other parent may have done. The child will most likely be with the person who has sole custody.
I only know this because of my mom, sole is where one parent gets the kid all the time and the other parent gets only visitation and joint is where one parent gets the child 50% of the time and then the other gets the child 50% of the time
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What does it mean when the father has sole physical and mother has joint legal?
Sole physical custody designates the parent with whom the child has a permanent residence. Joint legal custody is when both parents share equal rights and obligations to the child in regards to education, health care, financial suppport, etc. regardless of where the child resides.
How do you get sole custody in Edmonton Alberta Canada?
apply to the courts for sole custody and pray.
Does my ex partner need my PERMISSION to take my baby out of the UK?
* If you have joint custody then yes, he does need your permission to take your baby out of the UK. If he has sole custody he can take the baby anywhere he wants.
If you have sole legal custody in the state of Oregon if you died would your husband get custody of your minor children or would their legal father get custody?
My husband had this happen to him..... The mother had sole custody, she died in a car accident. Father picked her up and now had sole custody of her. We called around to different attourneys to see if we had to do anything through the courts to get sole custody, and we were told that due to bio mother dying biodad instantly got sole custody. Now if he didn't want sole custody then a near relative could petition the court for sole custody. Hope that helps some.
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.
