Primary physical custody

It sounds like they have joint custody with your husband having the majority of the time. Joint custody doesn’t necessarily mean equal time unless it’s specified so it’s very possible that they share joint physical custody. The situation you described though Monday-Saturday with mom and Saturday-Monday with dad sounds like equal time. If I’m reading it correctly, mom picks child up from school on 25th and keeps child until the 30th. Drops child off on the 30th, and you keep him until Sept. 8th. Is that correct? 5 nights with mom, 9 nights with dad…looking at it this way, the child spends one week with each parent but every weekend with dad…

If you are wondering what to write in for school and the child is at your homes the same amount of time during the school week then it really should be both contact information. I believe your address could be used but it really is shared custody. There are a lot of schools dealing with this situation than used to. Base it on the address. If one of you live out of the school district that they agreed on, use the other parents address. A school can call either parent for emergencies.

I am confused by the schedule in your post, the way you have written it, it appears you have every Saturday and Sunday night?

On school records your Husband and his ex should both be listed and both parties should be aware of all information and events that affect the welfare of the child.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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My husband and his ex have joint legal custody of my 5 year old stepson. The order states that “both parties share joint legal custody with physical custody shared as follows:” She is to pick the child up from school on Monday afternoon and we will get him back on the following Saturday evening. She has six days and five nights leaving us with Saturday evening until Monday morning when we take him to school(us having ten days and nine nights). It comes out to her having 135 overnights and us the rest. Are we considered to have primary physical custody since we have more time? What does this mean for us? He starts school this year. What should that look like for us as far as who needs to be listed as primary guardian?