Seperation agreement states "joint custody"


Dear HAF:

Greetings. What is a “bil?” I am assuming it is boyfriend. Now, joint custody, without a stated daily visitation schedule in the agreement, does not determine anything about where the child will sleep. Joint custody means both parties equally make large decisions for the child.

Number 1, tell him to tell his ex that he will be keeping the child for two day periods at a time working to phase up to more time (possibly rotating every 3 or 4 days). Bottom line is that her calling and screaming won’t change the fact that he can keep the child for as long as he has her.

Number 2, you will have to go to court if she will not agree to a new long term plan. Hope that helps.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


Thanks for the information!


My bil has a seperation agreement with his wife for “joint custody” of their 6yo. No living arrangements are stated in the contract. My bil has been only getting his dd 1 day/night a week since the seperation. He wants her more often but his wife won’t let him have her saying she can’t be away from her for that long. Does “joint custody” mean anything as far as how often he is entitled to see his dd? If it does, how does he go about enforcing those rights? Does he need to go to court? Can he get a court order solely based on the contract without actually going to court?