Court tomorrow!

[Romersgirl]

Facts:
Maternal Grandma has physical custody of my to step sons.  BM and my DH have joint custody.  Grandma has had physical custody for about a year when BM gave it to her and DH was out of the country and wasn't in a position to have full custody.  He has been fighting for the last 9 months to get physical custody.

The GAL came and did a home study of myself and DH and has told us that she is going to recommend we get physical custody.  Grandma isn't fighting us, and was very clear with the GAL about that, but she doesn't want her family to be against her so she is letting the courts give them to us, persay.  

1.  If we get physical custody tomorrow can grandma ask for visitation?  Right now DH and BM get visitation.

2.  Whats the difference between us having physical with BM and DH having joint and us just having complete full custody?

3.  Anything else you can help me out with court tomorrow??

THANKS!

[socrateaser]

>1.  If we get physical custody tomorrow can grandma ask for
>visitation?  Right now DH and BM get visitation.

Yes, she can, because she has an established relationship. I would think you would want to give her visitation, anyway.

>
>2.  Whats the difference between us having physical with BM
>and DH having joint and us just having complete full custody?

Sole Custody means that you alone have the right to determine all issues concerning the child's health, education and welfare. Joint Legal Custody means that both parents have the right to make such determinations. The party exercising physical custody has the right to determine the day-to-day issues concerining the child's health, education and welfare, but not the major, long term issues. Example:

Person with physical custody can independently determine whether or not the child will go to a one-time extracurricualar school activity. But, if the activity requires a substantial committment from the child, then the other parent has a joint right to make such a determination.

In practice, this can create huge problems, since both parents hold this right in total, i.e., one person can commit the child, and the other can revoke the committment. A means of avoiding this conflict is for the custody orders to specify, that parents with joint legal custody must both consent to any major decision concerning the child. Then, if there's no agreement, mediation should be ordered, followed by a hearing, if no agreement can be made.