Seeking Clarification: custody


“Child Custody. Husband and Wife agree that presently they are both fit, suitable and proper persons to have the care, custody and control of the minor children of their marriage and that presently the best interests and welfare of the minor children will be promoted if legal and physical custody is placed jointly in Husband and Wife, and the minor children reside primarily with Wife and secondarily with Husband. Accordingly, the parties agree that Wife shall have custody of the minor children and Husband shall have reasonable and liberal visitation rights. Reasonable and liberal visitation rights shall be defined as those rights which the parties from time to time agree upon with the understanding that the goal is to promote contact between the Husband and the children, keeping in mind the schedules of Husband and Wife and the ages and schedules of the children. The parties agree that the purpose and intent of this provision is to promote visitation between each child and the noncustodial parent; accordingly, reasonable visitation shall include at least the minimum as set forth below.”

To me it seems all over the place with the custody part. I need another attorney opinion on who has custody. One attorney I have spoken too has said that both parents have joint legal and physical custody. I need another opinion as this is going to affect medical coverage for the children.


The language you posted states that both parties have joint legal custody. This means that both parents have an equal voice in making decisions related to the children’s welfare. Physical custody is vested in the mother, and the father can see the children when the parties agree, or pursuant to the schedule “as set forth below”.


Thank you. That was my original thinking until I had to pull out the paperwork. I should have gone with my gut instead of second guessing.