Just to make sure

[orais007]

I just want to confirm that I am reading this correctly, this is verbatim of the "Mediation Report", the Judge said he will sign.
STBX attorney sent me a letter to sign that says it is not Joint Physical, am I wrong? Or is she trying to trick me into signing away my rights. I'm in CA if that makes any difference.

"The parents shall share the children's physical custody in such a manner as to assure the child of frequent and continuing contact with both parents. Specifically, FATHER shall have the child's physical custody as set forth below and MOTHER shall have the child's physical custody at all other times."

To me this states, we have joint physical, am I wrong? Our time is 50/50, I know in Mediation that's what we agreed upon.
Thanks again

[Kitty C.]

What are the details on the 'set forth below' part?  If that's what you agreed to in mediation, it doesn't make any difference what the opposing atty. calls it.  But I would not sign the letter, only the order to be signed by the judge.  Don't know what that atty. is trying to pull but your only concern is that the mediated agreement gets to the judge in the SAME form that you agreed on in mediation.

[orais007]

>What are the details on the 'set forth below' part?  If
>that's what you agreed to in mediation, it doesn't make any
>difference what the opposing atty. calls it.  But I would not
>sign the letter, only the order to be signed by the judge.
>Don't know what that atty. is trying to pull but your only
>concern is that the mediated agreement gets to the judge in
>the SAME form that you agreed on in mediation.

The "set forth below" states the times the children are with me, which is what was agreed upon in Mediation and reflects accurately on the actual report.
Thank you

[mistoffolees]

>I just want to confirm that I am reading this correctly, this
>is verbatim of the "Mediation Report", the Judge said he will
>sign.
>STBX attorney sent me a letter to sign that says it is not
>Joint Physical, am I wrong? Or is she trying to trick me into
>signing away my rights. I'm in CA if that makes any
>difference.
>
>"The parents shall share the children's physical custody in
>such a manner as to assure the child of frequent and
>continuing contact with both parents. Specifically, FATHER
>shall have the child's physical custody as set forth below and
>MOTHER shall have the child's physical custody at all other
>times."
>
>To me this states, we have joint physical, am I wrong? Our
>time is 50/50, I know in Mediation that's what we agreed upon.
>
>Thanks again
>
>

Sounds to me like you have joint physical and the other attorney is trying to pull something. Of course, I don't have all the facts.

First, I would consult with an attorney. If the other attorney IS trying to pull something - report them to the State Bar association for disciplinary action or they'll do it to someone else.

I can't see any reason why you'd need to sign anything from the other attorney after the juge issues an order. The judge's order will be final. There's no reason to sign anything else. But see an attorney.

[wendl]

I would make sure it is VERY specific, some states will make one parent the custodial parent (you want that).

Make sure it is very clear in black and white. I would consult an attorney before I signed anything.

**These are my opinions, they are not legal advice**