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legal advice please!!!!!

ms.blessed.n.distressed's picture

Submitted by ms.blessed.n.di... on Sun, 10/30/2011 - 3:13pm

I'm not understanding the different custody agreements for SS... We want him every other week Friday to Friday. We want joint custody. We want to have just as much legal right to him and decisions for him as BM. So pretty much DH wants everything 50/50. Is this joint legal custody or physical? What's the difference? We are going to pay child support regardless. DH wants to be able to be involved in SS school and not have BM have more control over SS than him. Any help is greatly appreciated. Thank you. We cannot afford an attorney right now so I am trying to fill out the contest of the custody and CS she filed. Again thank you.

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dreamingofhappiness's picture

Submitted by dreamingofhappiness on Sun, 10/30/2011 - 3:23pm

You are looking for Shared Parenting. or Joint custody... Legal custody means you both have custody according to the law but the child does not reside with you, the child resides with the other parent.

File a motion through the court for shared parenting.

Shared parenting or joint custody, which would include joint legal custody and joint physical custody, is the common term used to describe a family arrangement after separation or divorce, in which the care of the children is substantially shared between the father and mother, leading to a situation where the child knows that both of his/her parent's are involved in his/her upbringing.

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Hope it helps

Gmama's picture

Submitted by Gmama on Sun, 10/30/2011 - 9:22pm

when I got divorced in MN,, Joint legal ment we both had a say so in Doctors,schools, the state the kids resided etc. basically "any major decisions in the childrens lives", Joint custody means both parties have just that, joint custody, all though my atourney said we can have that arangement but still usually the children reside with one parent more then the other,and the other could still pay support. sole legal and sole physical means just that, one parent gets to make all the legal decisions and has sole custody, but in my husbands case he has NOTHING, just the right to pay child support and see his sone for summer vacations and one school break a year. (my SS lives out of state, so thats why) he wasn't married to the old hag and never fought her for "his rights" he let her make the calls and signed the papers,, I suggest you do ALL your homework before you sign and agree to anything,,,

stepmama2one's picture

Submitted by stepmama2one on Mon, 10/31/2011 - 8:15am

50/50 joint legal and physical custody. Means both the parents share equal time and and either parent has just as much say in things as the other parent. Watch out though because unless he can get BM to agree to splitting costs and no child support then basicall the parent that makes the most money will STILL have to pay child support...

Jsmom's picture

Submitted by Jsmom on Mon, 10/31/2011 - 8:51am

You want 50/50 joint and legal custody...We had it for years. One week on and one week off. It was great since we never had to see BM...Kids got on the bus at one house on Monday AM and got off at the other house after school.

You will have to go to court, but honestly this is the most fair and easier on the kids.