Sentences with phrase «legal and physical custody if»

When filling out question No. 5 of the petition, be sure that you check off both legal and physical custody if you're looking to obtain «full» custodial authority over your children.

Not exact matches

A court in Utah will always consider joint physical or legal custody if both parties have completed a parenting plan and if joint custody serves the best interests of the child.

If sole custody is awarded, one parent gains exclusive physical and legal custody over the couple's child.

Even if you can not get physical custody of your son, you should be able to obtain shared legal custody, giving you the right to make important decisions about your son's upbringing and welfare.

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 household.

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.

if necessary to protect the child's welfare, give sole legal and physical custody to a third party (like a grandparent) who promises not to allow access to any violent parent.

(a) If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less than 60 days written notice to the other parent, with a copy to the court, of his or her intent to:

If the parents have joint legal custody and substantially equal periods of physical placement with the child, either parent may file a petition, motion or order to show cause for modification of the legal custody or physical placement order.

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.

If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances.

If you have questions regarding physical placement, periods of physical placement or any other aspect of custody and placement, a lawyer from our firm can provide you with the honest, informative legal counsel you need.

For example, if a parent wants to get sole physical and legal custody due to abuse, he / she needs proof of the abuse.

If you are seeking to limit the other parent's physical custody or their legal custody rights, we highly recommend and urge you to consult with a knowledgeable and experienced Thousand Oaks child custody attorney.

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.»

Even if you have sole legal and physical custody, the court might not allow you to change her last name if her other parent maintains a frequent and loving relationship with her and if he objects.

The non-custodial parent normally receives as much visitation as is practical if the other parent is given primary legal and physical custody.

If the parents share both legal custody and physical placement, no presumption exists; therefore, both parents have the burden of showing the move is — or is not — in the child's best interests.

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, the parent objecting to the move or removal may file a petition, motion or order to show cause for modification of the legal custody or physical placement order affecting the child.

Parents share legal and physical custody of a child if they were married when the child was born or if paternity was established by a court of law.

However, if the parents have joint legal custody and have substantially equal periods of physical placement, the matter is litigated under Wis..

If the agreement pertains to both legal custody and physical custody, it also covers supervision, residency and transportation schedules.

Regardless of how physical and legal custody is allocated, access to medical, dental and school records may not be denied to a parent on the basis that the parent is not the children's custodial parent if that parent's parental rights have not been terminated.

If you are in a situation where you have sole physical and / or legal custody, and you do NOT want your co-parent to have care, custody and control of your child (ren) should something happen to you, then you need to see a qualified estate planner to determine your options.

If an absent or abusive parent abandons all parental responsibilities, that parent could lose all custodial rights, including legal and physical custody permanently.

If we had a legal presumption of 50/50 physical custody, suddenly there would be nothing to fight over and most separated parents would cooperate well.

After extensive testimony from both parents, the trial court not unreasonably concluded that it was in the «best interest» of the minor children that the father and the mother retain joint legal custody and that the mother retain sole physical custody, even if she moved to Lancaster.

If sole custody is awarded to a parent, that parent has all legal and physical rights to the child.

If spouses have children, the court will also determine legal and physical custody, which it may award to one or both spouses.

If you're awarded sole custody by the court, you are granted both legal and physical custody, giving you the power to make all major decisions about your child's life.

Even so, every New York custody order addresses the concepts of joint, sole, legal and physical custody, even if the order does not discuss the custody in exactly those terms.

If the existing court order grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less than 60 days written notice to the other parent, with a copy to the court, of his or her intent to establish his or her legal residence with the child at any location outside the state.

Child Custody (if applicable): When minor children are involved, the session begins with an explanation and discussion of legal and physical cCustody (if applicable): When minor children are involved, the session begins with an explanation and discussion of legal and physical custodycustody.

Missouri allows third party custody in cases when it is warranted, if a court determines that both of the child's parents are unfit, unsuitable or unable to parent the child, and that awarding a third party legal and physical custody is in the child's best interest.

If the parents agree to share joint legal custody and joint physical custody, typically, they draft a parenting plan and present it to the judge for approval.

In this case, California law automatically gives sole custody of the children to the surviving parent, even if the deceased parent had sole legal and physical custody before her death, and even if the surviving parent has not exercised visitation with his children or remained a part of their lives.

If a parent has full custody, which includes sole legal custody and sole physical custody, that parent generally has all rights related to raising the child.

If you want to protect your right to joint legal and physical custody of your child, resolve any custody disputes in advance and present a detailed parenting plan to the court.

If parents share joint custody, which includes legal and physical custody rights, neither parent has full custody of the child.

If one parent has sole custody with both legal and physical custody, the other parent does not have custody rights.

If you are trying to obtain legal custody and not physical custody, a DUI may still be a serious consideration.

If the parents fail to reach an agreement for joint legal custody and joint physical custody, and refuse to cooperate with each other in negotiations, the judge determines what is in the best interest of the child.

Whether sharing legal custody is a compromise that benefits the children and / or your case for sole physical custody (if that is your intent)

New Hampshire courts have a tendency to prefer a joint legal custody arrangement and joint physical custody, if not ample visitation time to a non-custodial parent.

Generally, the courts prefer for both parents to share physical and legal custody of a child, if possible.

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.

Legal and physical custody can be held jointly between parents even if they are not married.

If you have sole custody, you probably have a court order that awards you both legal custody and physical custody.

1996)(granting the parents temporary shared legal custody of any minor child of their marriage upon the filing of a custody action, but permitting the court to award temporary sole legal custody if it determines that shared custody is not in the best interests of the child and stating that there is no presumption for temporary shared physical custody); Mont..