Sentences with phrase «legal and physical custody as»

the parenting plan, which includes who will have legal and physical custody as well as a visitation schedule, and

Not exact matches

Full custody differs from joint custody in that a full custody arrangement grants legal and physical custody to one parent as opposed to both parents.
After parents separate or divorce, a Minnesota court will determine physical and legal custody of the child, as well as child support.
In other words, the two continue to share legal custody, as they always have, and she has temporary physical custody.
Answers to additional questions about child custody and visitation, such as the difference between «legal» and «physical» custody; the custody rights of unmarried fathers; and child custody eligibility requirements.
Second, joint legal custody is where, although one parent may have full physical custody, both parents must agree on any decisions that impact the child, such as their education, medical care and spiritual matters.
As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's householAs used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's householas a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.
Legal custody is the authority to make decisions about a child's health and welfare, whereas physical custody is the responsibility for sheltering the child and providing for physical needs, such as food and clothing.
After a dissolution of the marriage between Kiley S. Sheehan («Mother») and Shawn M. Sheehan («Father»), Mother was awarded sole legal custodylegal decision making»), as well as primary physical custody of her minor child.
If you are facing custody and visitation issues, such as loss of physical and / or legal custody, you need an experienced attorney on your side fighting to protect your parental rights.
In New Mexico, as in most states, if a domestic relations case involves kids, it must address the two separate aspects of custody: physical and legal.
The mother appealed this decision, arguing that the lower court had abused its discretion by modifying the legal custody order, which as a result changed the physical custody order, and challenging whether the court abused its discretion by reducing the father's support payments.
He has prevailed at multiple trials on behalf of victims of domestic abuse, securing permanent restraining orders as well as orders of full physical and legal custody of the victims» young children.
Custody of the six children Jolie and husband Brad Pitt share is expected to be the largest part of the divorce proceedings, as Jolie has filed for sole physical custody, with visitation rights for Pitt, while asking the two maintain joint legal cCustody of the six children Jolie and husband Brad Pitt share is expected to be the largest part of the divorce proceedings, as Jolie has filed for sole physical custody, with visitation rights for Pitt, while asking the two maintain joint legal ccustody, with visitation rights for Pitt, while asking the two maintain joint legal custodycustody.
Although move out of state by parent with joint legal custody and primary physical custody is not per se substantial change of circumstances such as to make that parent's continuing custody unreasonable, this does not mean that circumstances inherent in such move are always insufficient as a matter of law to warrant modifying child custody.
The trial judge awarded legal and physical custody of Coho to the husband, and granted the wife reasonable visitation rights as determined by the husband.
If the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time or the parents have substantially equal periods of physical placement with the child, as an alternative to the petition, motion or order to show cause under par.
Custody, which is often known as parenting time agreements, allocate legal and physical custody which provide consistency and stability for children in a dCustody, which is often known as parenting time agreements, allocate legal and physical custody which provide consistency and stability for children in a dcustody which provide consistency and stability for children in a divorce.
The court may order joint custody — both parents share custody — or sole custody to one parent, and must decide joint or sole custody as to both legal custody (the right to make decisions about a child's welfare) and physical custody (the right to have a child live with you).
According to the State Department, children adopted abroad automatically acquire U.S. citizenship if the following are true: «At least one of the child's parents is a U.S. citizen; the child is under 18; the child lives in the legal and physical custody of the American citizen parent; the child is admitted into the United States as an immigrant for lawful permanent residence; and the adoption is final.»
To win sole physical and legal custody, you must show the court that awarding you custody is in the best interests of your child due to factors such as your existing relationship with the child; stability of the home life you provide; inability of the father to meet the child's needs; father's lack of involvement in the child's life; father's failure to financially support the child; father's violent behavior toward you or the child; or father's substance abuse issues.
The non-custodial parent normally receives as much visitation as is practical if the other parent is given primary legal and physical custody.
When custody rights are revoked, parents typically lose rights to physical and legal custody as well as visitation.
Legal custody covers major decision - making authority for the child — such as medical consent and church affiliation — and physical custody refers to the schedule for where the child stays overnight.
In Pennsylvania, the court will address physical and legal custody of any minor children, as well as visitation, and issue a custody order following a divorce.
Like other states, South Carolina recognizes both legal and physical custody, and South Carolina courts can award either type as sole custody or joint custody.
Custody is a coin with two sides — legal and physical, and it is always subject to modification as circumstances change.
Physical custody represents with whom your child lives, while legal custody represents the right to make important decisions concerning your child's welfare, such as schooling, health and religion.
In Wisconsin, physical placement refers to the physical residence of the child, commonly known as physical custody, and is a separate issue from legal custody.
This article will examine recent decisions concerning the relocation of the custodial parent in sole or primary physical custody arrangements as well as the proposed relocation of a parent in cases involving a joint custodial arrangement, including both joint legal custody and joint physical custody.
Physical custody determines which parent the child lives with while legal custody represents the right of a parent to make decisions about the child's upbringing, such as schooling, religion and health care.
Providing information and answer questions such as, «What is the difference between legal custody and physical custody
New York courts often award legal custody to both parents, known as joint custody, and physical custody to one parent with the other granted visitation rights.
The parent with physical custody provides a home for the child, whereas the parent with legal custody makes important decisions concerning the child's upbringing, such as schooling and religion.
Parents may share both physical custody, with each providing a home for the child, and legal custody, meaning the parents make decisions together on major issues affecting a child's welfare, such as education, health care and religious training.
A parent with sole physical and legal custody is known as a «sole conservator,» and when parents have joint custody, they are called «joint conservators.»
And joint legal custody, or shared custody, with one parent remaining as the primary physical custodian does little to alter the amount of time a child spends with the noncustodial parent, and does a lot to create control conflicts between parents who continue to harbor resentment stemming from the failure of the marriaAnd joint legal custody, or shared custody, with one parent remaining as the primary physical custodian does little to alter the amount of time a child spends with the noncustodial parent, and does a lot to create control conflicts between parents who continue to harbor resentment stemming from the failure of the marriaand does a lot to create control conflicts between parents who continue to harbor resentment stemming from the failure of the marriage.
In some states, such as Virginia, the term, «joint custody» refers to both physical and legal custody.
Where the parents truly share both legal and physical custody, an application by one parent to relocate with the child to an out - of - state location is analyzed as an application for a change of custody.
In California, the law separates these two forms of custody and refers to them as «sole legal custody,» which gives you the authority to make decisions, and «sole physical custody,» which allows the children to live with you.
Shared custody (which is also known as «joint custody» in other states) grants one or both parents shared legal or physical custody in a way that allows the child frequent and continued contact with both parents.
For the purposes of clarifying some of this confusion, let's take a moment to go over the differences between joint legal and joint physical custody, as well as some of the many ways choosing a joint physical custody arrangement can help both you and your children.
So as you can see the question of what is joint custody centers itself on two things: the physical custody and the legal custody of the minor children.
Physical custody is the right to provide a home for a child and legal custody is the right to make important decisions about his upbringing, such as religion and education.
Physical custody represents the parental residence where a child will live, and legal custody is a parent's right to make important decisions about the child's welfare, such as matters dealing with school, health and religion.
The court considers all types of custody such as joint legal, joint physical, sole custody, and third - party custody.
When parents divorce or are unable to agree on a custody arrangement, the court will make a determination as to which parent will have legal and physical custody.
Most «parental rights» are aspects of legal custody, but a family law court can deny physical custody and visitation as well as legal custody.
Legal custody is the right to make important decisions about a child, such as where the child will go to school or church; physical custody represents which parent the child lives with and takes care of the child's day - to - day needs.
Legal custody is the right to make important long - term decisions that affect the child such as his education and religion, while physical custody has to do with the child's residence.
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