Joint Custody

[keeperofthecode]

In my divorce agreement my ex and I are appointed Joint Managing Conservators of our daughter. We are doing 50/50 everything. There are a couple things in there that I am afraid can come back to bite me though. It lists my ex's residence as my daughters primary residence and also lists my ex as the custodial gurdian. I'm unsure if it can even say that she is the custodial gurdian if it already states that we are both Joint Managing Conservators. Thanks in advance for your advice.

[CustodyIQ]

Hi,

If it's done, it's done.

I don't think there's anything you can do about it at this point, and no guarantee that it'll ever be a problem.

I suggest that you live life, enjoy the new chapter in your life, and come back for advice if you ever do face problems (which hopefully you won't).

In short, it's possible that those terms may be problematic, but wait and see.

[keeperofthecode]

I haven't signed the papers yet. I'm currently looking them over, making sure I haven't missed anything. Last chance to make changes.

[CustodyIQ]

Understand that I'm not an attorney.  I've just been ensnared in my own child custody matters for years, so I've picked up quite a bit.

I think you'd want to place a modifier on the terms that are included, if not get rid of them.

E.g., "For the purpose of determining public school, mother's home shall be the custodial residence."

E.g., "For the purpose of tax deductions, mother shall be the custodial guardian."

That would largely diffuse any other possible interpretation, and when in tandem with "joint managing conservators", it's clear that their inclusion is only for those specific issues.

It'd be best if you can get rid of them altogether, but I'm suggesting a way that the other side MAY accept.

It's not by accident that those terms suddenly appeared in your divorce agreement.  Someone advised your ex to include them.

[joni]

sounds to me like your joint legal custody but legally your ex is assigned sole physical custody.

did you list out a detailed parenting plan for visitation?  the biggest mistake you can make is verbage like "liberal visitation by agreement of the parties".   soon down the road, you and the other party won't be agreeing and you'll end up with every other weekend only.

if everything is 50/50, I assume you're saying 50/50 visitation or "shared" parenting.  if that's the case, you better spend some time detailing that with a fine tooth comb.

I would also recommend paying an atty to give it the once over for you.  I agree with custody IQ's advice, someone is advising your soon to be Ex on the side and you're being setup for disaster.