Could you please tell me exatcly what “SOLE PHYSICAL CUSTODY” is and how it differs from “SOLE LEGAL CUSTODY”???
Sole physical custody means that one parent has the child 100% of the time and the other parent does not have visitation rights.
Sole legal custody means that one parent has the legal right to make all the decisions surrounding the child’s health and well being (ie medical decisions, where the child goes to school, ect). A parent can have sole legal custody while sharing physical custody with the other parent.
OK so let me ask you this… In our separation asgreement (which we did on our own and had notarized) it states I have “Sole Physical Custody” of the kids but says nothing if “Legal Custody”… My STBX and I filed for our divorce on Friday (on our own) and incorporated the separation agreement with it in the clerk of court filing…
Is the judge likely to approve the incorporation of the separation agreement even with the “sole Physical Custody in it”? There is a visitation schedule for my husband in the agreement.
What are the ramifications for my husband with this clause in there?
And can I move out of state without his approval?
Can I revise this to be that I have “Primary custody of the children and share legal custody?” ( Does that mean I have custody of them and my husband has visitation rights?? Im not sure how to word it…Can I go back to clerk of court and pull the separation agreement from the file and given them a new one as long as a court date hasnt been set yet?
The judge will incorporate the agreement as written if you requested that it be incorporated. The language regarding sole legal custody does not have any effect since there is a written custodial schedule in the agreement which allows your husband to have time with the children. You cannot move out of state if the move would affect his ability to visit the children pursuant to the Agreement.
Your suggested revisions make more sense than how the agreement is worded now. If you revise the agreement you will need to file an amended complaint which seeks to incorporate your new agreement.
on the complaint filed Friday I wrote:" PLease incorporate separation agreement:" So the judge should incorporate the agreement into the divorce decree, correct? And as you stated there should be no problem with the agreement stating “Sole Physical Custody” since there is visitation in the agreement for my husband, correct? And we decided to change wording what ramifications would there be for filing an amended complaint. Will I have to have him served with the complaint again?
If you asked that the agreement be incorporated, your ex did not contest the incorporation, and the agreement itself does not prohibit incorporation the judge will incorporate the agreement into your decree. If the agreement provides for your ex to have visitation he will be able to enforce the schedule as written.
Filling an amended Complaint will not cost you more money, but it will have to be served.