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Sole vs Joint Physical

Started by Mom0f3, Aug 29, 2009, 02:14:31 AM

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Mom0f3

If one parent is to have visitation every other weekend and every other Wed. during school, then Every other Wed. to Sun. during the summer can that be stated as joint physical custody, sole physical, or either one depending on how you have it worded in an order?  And if either one what would be the difference between making the order say joint or sole?

Momfortwo

Quote from: Mom0f3 on Aug 29, 2009, 02:14:31 AM
If one parent is to have visitation every other weekend and every other Wed. during school, then Every other Wed. to Sun. during the summer can that be stated as joint physical custody, sole physical, or either one depending on how you have it worded in an order?  And if either one what would be the difference between making the order say joint or sole?

The above parenting time is not sole and it's not joint physical.   What it sounds like is one parent has primary residence. 

How is legal custody (do not confuse this with physical custody) addressed? 

MixedBag

maybe this will help:

http://www.deltabravo.net/custody/typesofcustody.php (http://www.deltabravo.net/custody/typesofcustody.php)



Mom0f3

Quote from: Momfortwo on Aug 29, 2009, 05:08:37 AM
Quote from: Mom0f3 on Aug 29, 2009, 02:14:31 AM
If one parent is to have visitation every other weekend and every other Wed. during school, then Every other Wed. to Sun. during the summer can that be stated as joint physical custody, sole physical, or either one depending on how you have it worded in an order?  And if either one what would be the difference between making the order say joint or sole?

The above parenting time is not sole and it's not joint physical.   What it sounds like is one parent has primary residence. 

How is legal custody (do not confuse this with physical custody) addressed? 

Why would you not consider it as either, don't all custody orders have sole or joint type physical?  Legal custody would be joint.  This isn't in an original order it's what will be offered to the other parent during mediation.

MomofTwo

Sole custody is usually the term designated for legal custody, not physicial custody or visitation schedules.  Sole custody means only that one parent can make decisions regarding the children, joint legal means both parents have a say....but it does not mean no visitation.   I agree with previous poster, what you want to include is primary residence language or primary physical custody.    Sole physical custody would mean no visitation/parenting time at all.

Momfortwo

Quote from: Mom0f3 on Aug 29, 2009, 06:50:39 AM
Why would you not consider it as either, don't all custody orders have sole or joint type physical?  Legal custody would be joint.  This isn't in an original order it's what will be offered to the other parent during mediation.

Well, there are many types of custody.  Legal custody is where the decisions about the child are made, such as medical, school, to have surgery or not, etc...  Physical custody is where the child physically resides. 

One can have sole legal custody and joint physical custody or joint legal custody and sole physical custody.  Or any variation.

I have joint legal with my residence being the primary residence of my kids.  What this means is that the kids live mostly with me.  But I have to consult with my ex when it comes to major medical decisions, childcare and school.  If I wanted the kids to start attending a private school, I would need to get their father's input.  And if he doesn't agree, then a judge will decide.  Same thing if I wanted to change their religion.

If I had sole legal, I don't need his input or his permission to do any of the above.

ocean

Joint Physical - Equal time each month

Sole custody can be granted with or without visitation. This just means one parent has legal custody. There has been cases where this is given when the other parent has limited visitation (supervised) or the parents proved they could not get along and one parent was given sole custody.

Joint custody- Both parents need to make major decisions or it goes back to court. Like another poster stated, this is for medical, dental, school, religion, surgeries...

Kitty C.

Joint physical doesn't necessarily mean equal time between parents..........it can be any variation thereof.  Ex and I had joint physical with a long distance order.....he only had every summer and EO Christmas, and we had joint legal except in an emergency situation.

You can break joint physical down to primary and secondary (if it's not equal), depending on which parent the child lives with the most.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

MixedBag

there's legal, there's physical

there's joint, there's sole

there's any combination of the above making for 4 possibilities.

there's primary residential

and there's reality -- what really happens.


Mom0f3

Quote from: MixedBag on Aug 30, 2009, 06:12:34 AM
there's legal, there's physical

there's joint, there's sole

there's any combination of the above making for 4 possibilities.

there's primary residential

and there's reality -- what really happens.



Lol...I know that's the truth.  My DH goes to mediation tomorrow but we are 99.9% sure he will have to take her to court.  There are four more offers he has for her to look over and they talk about.