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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17524
Experience:  B.A.; M.B.A.; J.D.
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My husband is claiming primary care giver so does that mean

Customer Question

my husband is claiming primary care giver so does that mean he has more and or different rights then me as the mom. He stayed home because he couldn't keep a job.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
my husband is claiming primary care giver so does that mean he has more and or different rights then me as the mom. He stayed home because he couldn't keep a job.
Response: No. Both of you have equal custody until the Court makes a decision on who is to get a custody. In a custody case, the Court would make a decision based on what is in the best interests of the child(ren) by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing these factors that the child would be better off living with one parent and not the other, the Court would award physical custody to that parent and may award joint legal custody to both parents, or give the other parent just visitation rights and not legal custody. Physical custody means the parent that the child would live with. Joint legal custody means that both parents would have a say on the child's upbringing--the parents would make joint decisions regarding the child's upbringing. So, it is very important in any custody proceeding that you tell the Court any and all reasons why you should be given physical custody or joint legal custody and not just visitation rights; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.

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