Legal ramifications of sole vs joint physical custody

[midad8]

I have personally viewed a lot of orders from 4 different Mi county's. None of them said sole physical custody. The ones that are true 50/50 split time, say joint physical. The others say joint legal, with the CP listed as primary residential, this still gives the NCP the right to make decisions on daily care and maintenance when the children are with the NCP. So I would make sure that by it saying sole physical you are not giving up this right.

Gam, I am near the end of the process with the Judgement of Divorce stating joint legal custody with the primary residence at mom's. There is no mention of physical custody. We are still on the 60/40 schedule. Based on your feedback several months ago, it sound like this is normal practice and I have nothing to worry about as long as we maintain the schedule. Correct? Will there be great hardship later if we decide to change primary residence to me? Thanks.

 

[mistoffolees]

Gam, I am near the end of the process with the Judgement of Divorce stating joint legal custody with the primary residence at mom's. There is no mention of physical custody. We are still on the 60/40 schedule. Based on your feedback several months ago, it sound like this is normal practice and I have nothing to worry about as long as we maintain the schedule. Correct? Will there be great hardship later if we decide to change primary residence to me? Thanks.

I doubt very much that the decree simply says 'primary residence at Mom's'. It almost certainly has some kind of schedule - presumably outlining the 60/40 you keep mentioning.

Decrees must be specific enough to be enforceable. If it only said 'primary physical at Mom's', how in the world would you ever enforce your right to see the kids.

You will be required to follow whatever schedule is in the decree. If there is no schedule, then get the current schedule in their - to protect both of you.

Once the court has ordered an arrangement, it is not easy to change it. You will need to show why it's better for the kids (hard, factual evidence, not your opinion). You may also need to show that there has been a change in circumstances to even get the court to consider a change.

It is best to simply figure that whatever your decree says is final unless something major changes in the future.

 

[LdiJ]

I doubt very much that the decree simply says 'primary residence at Mom's'. It almost certainly has some kind of schedule - presumably outlining the 60/40 you keep mentioning.

Decrees must be specific enough to be enforceable. If it only said 'primary physical at Mom's', how in the world would you ever enforce your right to see the kids.

You will be required to follow whatever schedule is in the decree. If there is no schedule, then get the current schedule in their - to protect both of you.

Once the court has ordered an arrangement, it is not easy to change it. You will need to show why it's better for the kids (hard, factual evidence, not your opinion). You may also need to show that there has been a change in circumstances to even get the court to consider a change.

It is best to simply figure that whatever your decree says is final unless something major changes in the future.

Unless of course the change is something that both parents agree upon, in that instance its quite easy to effect the change in court.

 

[midad8]

Unless of course the change is something that both parents agree upon, in that instance its quite easy to effect the change in court.

Sorry for not clarifying. Yes, the JOD states joint legal custody with primary residence at mom's. But it also clearly states our parenting schedule. I just wanted to make sure I don't need to get hung up on "physical custody" not being mentioned.

Just to confirm, it sounds like if we both agree to change primary residence (say I move to a better school district), it is no big deal if we both agree. It is a big deal if we don't agree. Then I will to prove to the court why it is in the best interest of the kids. Correct?

 

[LdiJ]

Sorry for not clarifying. Yes, the JOD states joint legal custody with primary residence at mom's. But it also clearly states our parenting schedule. I just wanted to make sure I don't need to get hung up on "physical custody" not being mentioned.

Just to confirm, it sounds like if we both agree to change primary residence (say I move to a better school district), it is no big deal if we both agree. It is a big deal if we don't agree. Then I will to prove to the court why it is in the best interest of the kids. Correct?

Correct....