What does primary custodian mean?
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What does primary custodian mean?
There are two aspects to child custody \u2014 legal and physical custody. Parents with legal custody rights make major life decisions on behalf of the child. The parent who spends the majority of the time with the child or children has \u201cprimary physical custody\u201d and is referred to as the \u201cprimary custodial parent.\u201d
What is primary and secondary custody?
This is complicated legal terminology but it refers to the location where the children of the marriage live. The courts will designate one parent as the primary physical custodian. The other parent will be the secondary physical custodian.
Is primary physical custody the same as full custody?
Yes, primary physical custody is the same as full physical custody. However, legal custody, which is about which parent makes the major decisions, is different than physical custody, which is about how much time the child spends with each parent. Therefore, a parent can have sole physical and shared legal custody.
Can I move out of state if I have primary physical custody?
Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children.
What rights does the primary custodial parent have?
Children have a right to know and to be cared for by both parents, hence the introduction of the presumption of equal shared parental responsibility. A parent who exposes their child to abuse has no right to a relationship with that child, as the child’s most important right to be protected from harm.
Can I refuse to let my ex see my child?
Court proceedings cannot practically force compliance. Compliance can only truly come from both parties wanting to comply and do the right thing for the sake of their children. If someone is not complying, your first step needs to be to try to have a conversation with the aim of resolving your dispute.
What happens if my ex doesn’t let me see my child?
Some states take failure to comply with a visitation order so seriously that there could be a change of custody, meaning that if the custodial parent consistently refuses to allow the other parent any time with the children, a court may decide to transfer custody of the kids to the non-custodial parent.