What does primary physical custody mean?
2 attorney answers
Physical custody is where the child lays his/her head at night. If it is primarily with one parent (for example, Monday through Friday) then that parent has primary physical custody.
If the parties share physical custody, it means that the child spends approximately equal time in each parent's home.
Check out an article about physical custody that I recently wrote on my site:
Hope this helps!
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
Hi there. Physical custody has to do with where a child resides and legal custody has to do with who makes important decisions (educational, medical, religious) for the child. It is very common for parents to share legal custody. For physical custody, shared custody means that the child resides with each parent an equal amount of the time (approximately), and primary physical custody means that the child resides with one parent more often than the other. It is very common for a child to reside with one parent a bit more often than the other.
If the mother has primary physical custody, that just means that your fiance's son resides more often at his mother's house than your fiance's, but she and your fiance have equal parental rights because they share legal custody. Physical custody, or in other words, the amount of time a child is with each of his parents, is also used to determine a child support arrangement. If the parents live in different towns, it is also often used to determine which school district the child will be in. If your fiance had his son 5 days a week, then that wasn't technically a 50/50 arrangement. However, your fiance and the mother might not have taken steps in court to label your fiance the primary custodial parent, although it sounds like they could have.
This post is for informational purposes only. You should not construe it as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of these materials and your receipt of them does not create an attorney-client relationship.
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