What is the definition of secondary physical custody?

Asked over 4 years ago - Atlanta, GA

I having been caring for my daughter since she was born. The father has been very spuratic in her life. I moved to Atlanta and he served me papers the first time at my mothers house and me not knowing the laws I didnt have to pick them up because I did not reside there. Well I went to court and had the case thrown out. He tried to refile at my Atlanta address but unfortunatly while going to court the first time I was at the beginning of an eviction. By the time the papers got filed and served at the new address I had moved. Now today I went back to Athens, GA and I am at the police department and 2 cops pull up behind me and get out and serve me with papers and the petition stated I had to show up today or a warrent will be issued for my arrest. I now reside in Indianapolis, IN.

Attorney answers (2)

  1. Ikemesit Amajak Eyo

    Contributor Level 18

    Answered . Your initial question was "what is the definition of secondary physical custody". "Custody" is comprised of "legal custody" and "physical custody". In simple terms, legal custody determines who has the right to access the child's information and who matters in intestate laws (inheriting without a will). Physical custody determines where the child resides. If there is joint physical custody, a parent will have either primary or secondary custody. The primary physical custodian of a child is the person that the child lives with most of the time. The secondary physical custodian is essentially the other parent.

    Your details describe a scenario that far exceeds the question of who has what custody. It appears as though you are asking a question regarding venue/jurisdiction - namely, which court in which state has the right to determine the question of custody. That question is best answered by an attorney who has spoken directly with you to obtain full details of your situation. I recommend that you consult an attorney, both in GA and in IN, so that you can make an informed decision based on specific information. Many attorneys offer an initial consultation without charge

  2. Christopher T. Anderson

    Contributor Level 14

    Answered . Your question and your story are completely different. How long have you lived in Indanapolis? What were you doing in Athens?

    Best answer I can give you is see an attorney, in Athens, with the papers, immediately. My office is open, and I can make time to review this.

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