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Typically when Indiana parents divorce, one parent has primary physical custody of the children. Primary physical custody means that the children live with one parent more than 50% of the time. This parent is known as the custodial parent, while the other parent is known as the non-custodial parent.
If a parent has "primary custody," it refers to the parent with whom the child lives with after the parents have parted. However, many jurisdictions don't use the term "primary custody." For instance, in Virginia, the term physical custody is used to refer to where the child lives (rather than primary custody).
Physical Custody Laws in Georgia When you hear the term ?child custody,? you likely think about physical custody. Physical custody will be established by a parenting plan that will schedule how the child spends time with each parent. Physical custody comes in two variations: sole custody and joint custody.
The term ?primary custody? isn't actually in Georgia law. Instead, Georgia Code Section 19-6-15 uses the term ?custodial parent,? defined as the parent with whom the child lives more than 50 percent of the time. In other words, the custodial parent gets primary physical custody.
If a child spends a majority of his/her time living with one parent, that parent has primary physical custody. Under Maryland law, majority is defined as at least 2/3 of the 'overnights' during a calendar year.