Difference in wording "Sole Physical" vs. "Joint Physical"

[United]

Hi Soc,

We are in Ca.  Mediation report came back recommending "sole physical custody to Father. Visitation to mother" (the timeshare works out to be about 70% dad/30% mom).  Joint legal.  Mother opposes and trial date looms near.

Mother stated that she would settle if the agreement was reworded to "joint physical with father having custody 70% and mother having custody 30%". Joint legal.

What is the legal benefit to keeping the wording state "sole physical custody" if the timeshare spilt is still 70/30?

I realize there is an emotional reaction here on her part, but would I be foolish to consider re-wording this report after 3 years getting to this point?

Thanks!

[socrateaser]

>What is the legal benefit to keeping the wording state "sole
>physical custody" if the timeshare spilt is still 70/30?

In many States, the words "custody" and "visitation" have distinctly different meanings. Relatively recent rulings in CA had all but extinguished the differences, however, in the very recent U.S. Supreme Court case of Newdow v. Elk Grove, i.e., the one about the pledge to the flag, the high court may have put some very big teeth into the legal meaning of the word "sole" custody. The court basically, avoided ruling on the substantive issue of the case by ruling that Mr. Newdow had been deprived of the right to represent his child in a legal action, because Newdow's current custody orders gave his wife "sole" custody and him visitation.

This ruling will come back to haunt everyone at some point, however, your facts are even more convoluted, because you are obtaining sole physical and she maintains joint legal. One could argue that by having joint legal, that would retain the right to represent a non-custodial child in court.

One could also argue that a parent who has only visitation and neither joint legal or physical, could be so deprived of any rights as to be unable to file a motion to modify custody or support, because, after all, that would be representing the child's interests in a lawsuit, wouldn't it?

I believe, that unless you believe, that were you to die tomorrow, that the other parent would be unfit to parent in your absence, that you agree to joint legal and joint physical, with specified parenting time for each parent. This is also called primary and secondary physical, and joint legal. That protects both parent's full right to act in the absence (death) of the other.

Conversely, if you think your ex is so messed up that were you to die, she would be the last person on Earth who you would want to have custody, then I suggest that you try to keep everything sole, and give her nothing but visitation.