What is Physical Custody?

Question

My brother has physical custody of his son wants to move to nc from michigan the mothers son is in a adult foster home she sees the son every other weekend. Her parents have money and they are threating to call a amber alert on my brother if he don't bring his son back after 3 months. How does he get his case transfer to nc her parents bought off the judge but no proof of that. He pay a lawyer 3000 and lost he went in and defended his self and won. please help

Answer 1

if he has LEGAL physical custody of his son. and he moves to nc then they can't do sht to him. he doesn't have to transfer anything. all he needs is proof that he has custody of that child and he is SAFE. they are just trying to scare him.

i'm in cali. and i'm getting legal custody of MY daughter. i asked them if i go to tx would i have to refile? and they told me, "no, once you have filed for legal custody of your child. then it's done, you will never have to do it again." and that's that.

Answer 2

Physical Custody is when one parent has the child in his home with visitations by the other. In most cases, the parent with custody may not leave the state without going through the court for permission. This has to be worked out between the parties in court unless your brother can prove it is really for the good of the child or a necessary job move, which sometimes falls apart for the physical custody parent depending on the judge.

Answer 3

If your brother has full physical custody of his son and there is no court ordered schedual, like the mother gets every other weekend or something, then he can take his son wherever he wants to. He has legal custody and she doesnt. She cant call an Amber Alert because the child wasnt kidnapped. Now if she took the kid he could call in an Amber Alert because if she doesnt have custody of the child and takes him then it is considered kidnapping.
Think of it like this, if your brother has sole physical custody and she has no schedual in place by the courts then she has the same rights to the child as a stranger in a supermarket would, only she can try to go to court to get visitation or try to go to court to get custody, where as a stranger cant try to get custody of your child! But other than that she has no rights to the child and can't tell him where to take his son. If he wants to get his case transfered to NC then he needs to go to the courts there and file for a custody hearing. Now you didn't hear this from me, but lets just say he didn't know how to contact her and doesnt know where she is located, then he doesnt have any responsibility to file in Michigan, and in my state if you dont know where the person is then you have to post an announcement to the person in a newspaper in the town that you last remember them being. There is no way to prove that you really do or dont think that they live there, so you could post an ad in a Colorado paper and that is just fine. He should also go to court and file for an order of protection for his son against her. That way she can't come within so many feet of the child and when they do go to court he has that in place.
Good Luck!

Answer 4

Your brother needs to review the custody papers (or have a lawyer or law clerk review them). Parents can have JOINT physical custody even when one parent has the child most of the time and the other parent visits. Also, in many cases even if one parent (your brother) has full physical custody there may be something in the paperwork that states both parents must agree on any moves, especially out of state.

He needs to find out the what is in the custody papers. If he does not have them anymore he maybe able to pay for a copy from the court.

Good luck.

Answer 5

Physical custody is granted by the court where the child lives with one parent more than 50% of the time. (I believe) I do know that you can't move more than 100 miles away from the other parent without consent from them and the court, unless you can prove your bettering you and the child's life.