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Author Topic: What would you do?  (Read 2388 times)

link16

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RE: It's not that black-and-white
« Reply #10 on: May 28, 2007, 11:53:14 AM »
CFC,

Thank you for qualifying your definitions.   You made an interesting comment regarding the child's school district.  Does the child go to school in your district?  Does it say anything in your order regarding who has the exclusive right to designate the primary residence of the child within the school district?  Please elaborate.  Also, do either of you pay child support?

-Jeff







Confuccius

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Yes, yes, and no
« Reply #11 on: May 31, 2007, 05:32:26 AM »
Jeff,

The child goes to school in my school district.
I have primary residency at all times.
Since there is a 50/50 shared physical custody, neither parent pays the other child support.

However, Parent B despises this situation (loss of control) and, counting on the age of 12 as the age of choice, has been "working" feverishly to influence the child's mind over the past few years.

Since the child and I have a very close bond (always had, from day 1), it now is backfiring on parent B, which will enrage this parent even more.

CFC

link16

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RE: Yes, yes, and no
« Reply #12 on: May 31, 2007, 10:59:01 PM »
CFC,

Thank you for the information.  I am curious, does your order specifically state that you have "shared physical custody" or does the order simply provide both of you with 50/50 possession/access?  I ask because there are many ways to word an order such that on the surface it "appears" to provide both parties with shared physical custody when in reality one parent is actually the primary custodial parent and the other simply has liberal (50%) possession and access to the child.  In TX for example, the parent with the "exclusive right" to designate the primary residence of the child is also considered the primary custodial parent unless explicitly stated otherwise.

In general, I do not think Parent (B) will be able to change the custody order unless there has been a change in the circumstances that substantially affect the welfare of the child.  Parent (A) sounds like a responsible and concerned parent whose sole purpose is to ensure the health and wellbeing of the child.  

If I was Parent (A) I would take the offensive and pay special attention to the items in the order that are of special interest to the courts.  For example, if both Parent (A) and Parent (B) are ordered to pay 50% of all medical expenses, and Parent (B) has not paid his/her portion, the ramifications are just as bad, if not worse, than failure to pay child-support.  If Parent (A) identifies a consistent pattern, such as the aforementioned example of not paying medical expenses, then Parent (A) could go back to court and request a change in the custody arrangement with a high level of confidence of it being awarded.

-Jeff


 

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