A Note About Custody Terminology
***The first very important thing to understand, in this complex legal game, is not to get too hung-up in the actual terminology: joint legal custody, primary physical custody, etc. A good lawyer can write a consent agreement called anything and proceed to contradict the title and terminology step by step. A consent agreement can give primary physical custody to one parent, but, provide such a liberal visitation schedule to the other parent that the term primary physical custody takes on a wholly different meaning.
I know. This gets complicated, but, it is important to understand. Let’s be a little more specific. As indicated, the parent who has sole physical custody with joint legal custody, for all practical purposes, very nearly has sole legal custody. So, if the mother with sole physical custody and joint legal custody doesn’t consult you and is making decisions about where your child goes to school and what doctors the child sees (and, this is how the real world works), what are you going to do? Your only option is to shell out huge bucks to a custody lawyer, and, you have to wonder if it’s worth it.
See, if mom doesn’t cooperate with these basic things, it really does make things quite difficult. That’s why it’s so important to find a good father’s rights attorney who gives a damn! That way, when your consent agreement is written, it’s got some backbone to it. Believe me, I’ve suffered terribly because of a lousy attorney who left me with a lousy consent agreement! Ultimately, this lawyer allowed a way for mom to keep me from my daughter for a painful period of eight months. So, again, choose your father’s rights attorney carefully!
So, returning to the original point, don’t get too hung up in this custody terminology. A good attorney can lose the courtroom attempt at physical custody and end up getting dad more time via visitation than if he had actually won joint physical custody!
Comments
Comment from papa
Time: February 13, 2008, 7:17 pm
Shelba, if you left a comment on here, and, you want it removed or want the link to your blog removed… please leave a comment and tell me where the comment is and I’ll be happy to try and help out.
Comment from Carole Stewart
Time: February 19, 2008, 4:06 pm
If a divorced father signs over parental rights to his new wife for the children. Where does this leave the mother?
State of Pennsylvania
Comment from papa
Time: February 19, 2008, 5:19 pm
Hi Carole, I’m confused about what you’re asking. Could you give some more information.
thanks!
Comment from MIKE
Time: May 27, 2008, 5:37 pm
im from new jersey and went through a custody battle with my 3yr old daughter where we have joint legal custody with the mother having primary residence…i have 2 weekends on and 1 weekend off with visitation on tuesday 6:30 to 8:30 now what does that give the mother as in that sole custody definition everything should be 50/50 right??? and i have to provide transportation which is a 20 mile trip and with gas prices should i put a motion in for overnights on tuesday’s do you think they will reward me that its so inconvient??? and also what do you think about me going for every weekend?? or am i just being to greedy as in regards to a courtroom???
Comment from papa
Time: June 1, 2008, 9:54 am
Mike, in my view, you can never be too greedy when it comes to time with your child. This is your flesh and blood… of course you want to be with your daughter as much as you can. You can always ask a Judge.. there’s no crime there…. with joint legal custody you (in theory) share major decisions about the child with the custodial parent ….. Judge’s don’t really make decisions based on what’s convenient for you ……. that will be listened to, but, the main factor is best interest of the child ……. I think you should try to get every weekend ……. .sure, give it a try and come back and give us an update.
papa d
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