Joint Physical and Legal Custody


#1

In my opinion, with joint custody of either type or both, you and the ex have to get along pretty well or at least agree on most things concerning the child. Well, I don’t guess you have to but it sure makes things easier than going back to court. It’s easier if you are able to contact one another even on a daily basis if necessary without it always turning into an arguement. Also, to be able to focus on the children and not turn everything into a contest to see who can be the better parent. You’re children should not be made to feel guilty because they like Dad’s cooking more than mom’s or that mom takes them to the park more often than Dad does.

With joint physical: Usually, equal time with the child, but also an equal responsibility for everything. This is how it should be but when you take into consideration that these two parents aren’t married to each other any longer, the burden can sometimes be more on one parent thant the other. Working out schedules and arguing over who bought more school clothes…that type of thing.

joint legal: equal say in major issues such as school, religion, medical but if you want to move into a different school district and the ex prefers that the child stay, there could be another court date in the future for modification if you can’t agree. But the ex can’t take your 15 year old daughter for breast implants without your consent.

Hope this helps with your research. My husband has joint legal and physical custody with 50/50 time. Some days are easier than others…but isn’t that true with everything???


#2
quote:
[i]Originally posted by stepmother[/i] [br]In my opinion, with joint custody of either type or both, you and the ex have to get along pretty well or at least agree on most things concerning the child. Well, I don't guess you have to but it sure makes things easier than going back to court. It's easier if you are able to contact one another even on a daily basis if necessary without it always turning into an arguement. Also, to be able to focus on the children and not turn everything into a contest to see who can be the better parent. You're children should not be made to feel guilty because they like Dad's cooking more than mom's or that mom takes them to the park more often than Dad does.

With joint physical: Usually, equal time with the child, but also an equal responsibility for everything. This is how it should be but when you take into consideration that these two parents aren’t married to each other any longer, the burden can sometimes be more on one parent thant the other. Working out schedules and arguing over who bought more school clothes…that type of thing.

joint legal: equal say in major issues such as school, religion, medical but if you want to move into a different school district and the ex prefers that the child stay, there could be another court date in the future for modification if you can’t agree. But the ex can’t take your 15 year old daughter for breast implants without your consent.

Hope this helps with your research. My husband has joint legal and physical custody with 50/50 time. Some days are easier than others…but isn’t that true with everything???


I actually meant that it can be more of a burden for one parent than it is for the other, not that more of the burden is on one parent.


#3

Awesome, thank you SO much for your insight! I don’t know what it’s like, granted I’m only 20, but it must be hard to deal with this sort of thing. I hope everything works out.

[:D]

SARAH_K


#4

In my opinion, 50/50 physical custody is better for parents who had a messy divorce. In such cases, one parent almost always badmouths the other in front of the child. If the child has equal time with each parent, then he can make up his own mind about the badmouthed parent.

Here’s an example: the mother tells the child, “your father is evil.” When the child spends half of his time with the “evil” father and sees that his father is really a good guy, then he is less likely to turn against his father. On the other hand, if the mother has primary physical custody and calls the father “evil,” the child will say, “I don’t want to stay with daddy – he’s evil.” Equal custody helps to prevent alienation.


#5

I can actually believe in some cases that happens … which is horrible for the child.

Great, Thanks!![:D]

SARAH_K


#6

Dear SarahK:

Greetings. Joint Physical custody is a form of legal custody. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#7

I’m doing research on Joint Physical and Legal custody and I was wondering if anyone out there is going through any of the two. What are the Advantages and Disadvantages regarding the two?

SARAH_K