Sentences with phrase «sole physical custody»

When a parent is awarded sole physical custody of a child, it means the child resides with and is under the supervision of only one parent.
When the child's parents are unmarried, the statutes of most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody.
A parent with sole physical custody can share legal custody with the other parent, who usually has the right to regular visitation.
In certain situations, the court may grant one parent sole physical custody of a child following a divorce.
However, there are circumstances in which the court will consider and even grant sole physical custody.
In sole physical custody arrangements, one parent's home is the primary place of residence for the child, and the other parent receives limited or supervised visitation.
Asking for sole physical custody means you want your children to live with you the majority of the time.
In other states, a court may split custody and one parent may have sole physical custody while legal custody is shared by both parents, or vice versa.
If one parent is given sole physical custody of a child, the other parent is typically granted visitation, or parenting time, with the child.
Whether you intend to ask for shared physical custody of your child or seek sole physical custody, you need to review your state's custody laws and court cases.
Joint physical custody means the child splits time between both parents, and sole physical custody means that one parent provides the child's primary residence.
If sole physical custody is awarded to one parent, also known as primary physical or residential custody, the child only lives with that parent.
The court decides whether to award joint legal custody, joint physical custody, sole legal custody or sole physical custody over the child.
However, under sole physical custody, the custodial parent might need the child to attend the school closest to her work.
Parents who want to prevent the other parent from relocating with their child should consider requesting sole physical custody of the child.
If the parents live too far apart, the strain on the child may play a role in awarding one parent or the other sole physical custody.
When a child's parents are unmarried, the statutes of most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody.
Also be aware that sole physical custody doesn't mean the other parent doesn't get to spend time with the child, as you'll see in the next section.
One parent can have only sole physical custody of the children or both physical and legal custody.
One of you can have sole physical custody which means that your child lives with one parent and has a visitation schedule to maintain regular contact with the other parent.
However, there has been a recent trend towards allowing joint legal custody even when sole physical custody is awarded to one parent or the other.
Therefore, a parent may be awarded joint or sole physical custody based on this standard.
It awards shared physical custody or sole physical custody at its discretion, the same as it awards shared legal custody or sole legal custody.
If one parent is granted sole physical custody against the other parent's wishes, the other parent may be granted visitation time or parenting time with the child.
A parent with sole physical custody is sometimes referred to as the residential or custodial parent; this is the parent with residential custody.
Before you file for sole physical custody, understand your options and consider the pros and cons of this particular custody arrangement.
In response, the court may either order shared custody or grant either parent sole physical custody.
However, there are circumstances in which the court will consider and even grant sole physical custody.
Once the court awards sole physical custody to one parent, that parent has the right to control the physical care of the child without the need to consult the other parent.
Conversely, the parents may share both legal and physical custody or one parent may have sole physical custody while both parents have joint legal custody.
Under sole physical custody, the child resides with one parent all the time.
Parents who want to prevent the other parent from relocating with their child should consider requesting sole physical custody of the child.
However, sole physical custody does not automatically give the parent sole legal custody, which is the right to make all critical decisions over the child's life.
The current framework of sole physical custody in contested cases is associated with high rates of father (and sometimes mother) absence, increased inter-parental conflict, and a marked reduction in children's standard of living.
In cases where sole physical custody is awarded to one co-parent, courts will typically grant visitation rights to the non-custodial co-parent.
Joint legal custody to both parents does not preclude sole physical custody to one parent.
In addition, if one parent has taken to living with a new partner, and that new partner is deemed unfit to care for the child, then sole physical custody may be awarded to the parent that is in the better position to care for the child.
However, although the underlying idea of sole physical custody assumes that the child will reside with one parent, the court has the power to order visitation.
In state court, the referee issued an order granting the mother temporary sole legal custody and temporary sole physical custody of the children, granting the father visitation, and appointing a guardian ad litem.
It is often easier for mothers to get sole physical custody of very young children, since courts often award custody to the parent who has been the child's primary caregiver.
For example, if the child is exhibiting signs of behavioral issues or if the parent with sole physical custody starts to abuse alcohol or drugs, the court may consider modifying custody to give the other parent physical custody.
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.
80/20 visitation schedules are typically considered sole physical custody schedules.
There are no laws in California prohibiting a parent with sole physical custody from relocating.
Nielsen analyzes scores of social science studies on conflict, coparenting and children's outcomes in shared vs. sole physical custody.
Sole legal / sole physical custody arrangements usually are not granted unless there are extreme circumstances or consent, e.g. father wants nothing to do with the children and disappears.
If a court gives sole physical custody to one parent, it may also issue a visitation order to the non-custodial parent, allowing him to spend time with the child.
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