Primary vs joint physical custody

North Carolina Divorce Law Divorce and Separation Answers
1

we’ve agreed to a visitation schedule that is about a 60/40 split. (1-2 nights a week and every third weekend for him plus holidays/vacations if it matters)

he’s adament that the SA needs to say joint legal AND physcial. will the fact that I have 60/40 speak for itself or should I be listed as the primary custodian?

it’s my understanding that the only reason i benefit by being named primary is that i would get to make the day to day decisions regarding the children ie, childcare providers, extra curricular activities ect.and by him having joint legal i’ll consult with him on major decision ie: medical/religion/school. i’m obviouslly not attempting to control what he does with the kids on his time.

I just want to make sure i’m not losing any rights by giving in and letting him call it whatever he wants. the children will primarily reside with me meaning they are with me 60-70 percent of the time and with him 30-40. I guess my real question is how to appease him w/out losing any rights as the primary parent.

2

The arrangement you described is joint legal and physical custody. You can say that day-to-day decisions rest with the parent with custody.

3

so it’s not a matter of verbage/interpretation it is what it is, and there’s no legal ramifications to changing it from primary/secondary to simply read joint physical?

Can you tell me when primary/secondary wording is appropriate or is that outdated maybe?

Just want to make sure i’m clear. Thank you again for your quick response!