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VT - sole legal but not sole physical custody

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legalQ77

Junior Member
Vermont-

Does anyone know of any precedent in VT where one party is given sole legal custody and another sole physical custody?

In this scenario the party given legal custody of a child has the child during the week and the judge has ordered this to continue. The other party (given sole physical custody of the child) has the child on weekends and the judge ordered this to continue.

The lawyer in the case has not seen this before. Both parties are satisfied by the ruling and the outcome- this is purely a research and precedent question.

Vermont
 
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Isis1

Senior Member
First, does your sister know you are posting her private legal information on a public legal board?

Second, your sister has an attorney who is better at understanding the climate of that court and knows what to do if your sister is not happy with the decision.
 

Proserpina

Senior Member
Vermont - My sister and husband are in the process of, or have very recently been, divorced. She (my sister) just attended the custody hearing and she has been granted sole legal custody.

Her husband was given sole, NOT joint or shared, physical custody, even though she has the child for the majority of the time. The judge said that they will continue to share the current schedule of time, which is: weekdays at my sister's house and most weekends at her husband's place. The two houses are not that far from one another (if that makes a difference).

My sister's lawyer says she has never seen this happen and I was wondering if there is any precident out there; or what can be done to get the situation rectified... as I understand it sole physical custody is a minimum of 75% time in one home- the child is only at the father's house about 20% of the time so wouldn't this mean a shared physical custody?

Thank you and my apologies if I've missed some of the posting protocol - first time post.

VermontWhat is the name of your state (only U.S. law)?


These are things your sister's attorney needs to be answering.

Granted, it is somewhat unusual for one parent to be granted sole legal custody when the other parent has sole physical custody.

Quite an unusual interpretation of "shared" custody, indeed.
 

Silverplum

Senior Member
These are things your sister's attorney needs to be answering.

Granted, it is somewhat unusual for one parent to be granted sole legal custody when the other parent has sole physical custody.

Quite an unusual interpretation of "shared" custody, indeed.
I just saw one of those arrangements the other day, and thought it was weird. OTOH, I can envision it keeping both parents in line with each other...maybe it should be the standard!
 

legalQ77

Junior Member
VT

1. Yes, but I will make things more general..and re-adjust the post.

2. Does anyone know of any precedent in VT where one party is given sole legal custody and another sole physical custody?

In this scenario the party given legal custody of a child has the child during the week and the judge has ordered this to continue. The other party (given sole physical custody of the child) has the child on weekends and the judge ordered this to continue.

The lawyer in the case has not seen this before. Both parties are satisfied by the ruling and the outcome- this is purely a research and precedent question.
 

Silverplum

Senior Member
VT

1. Yes, but I will make things more general..and re-adjust the post.

2. Does anyone know of any precedent in VT where one party is given sole legal custody and another sole physical custody?

In this scenario the party given legal custody of a child has the child during the week and the judge has ordered this to continue. The other party (given sole physical custody of the child) has the child on weekends and the judge ordered this to continue.

The lawyer in the case has not seen this before. Both parties are satisfied by the ruling and the outcome- this is purely a research and precedent question.
We don't do those. :rolleyes:

You want research? Do it yourself. Google.
 

Proserpina

Senior Member
VT

1. Yes, but I will make things more general..and re-adjust the post.

2. Does anyone know of any precedent in VT where one party is given sole legal custody and another sole physical custody?

In this scenario the party given legal custody of a child has the child during the week and the judge has ordered this to continue. The other party (given sole physical custody of the child) has the child on weekends and the judge ordered this to continue.

The lawyer in the case has not seen this before. Both parties are satisfied by the ruling and the outcome- this is purely a research and precedent question.

Westlaw and Lexis are your friends.

Start searching. :cool:
 

LdiJ

Senior Member
VT

1. Yes, but I will make things more general..and re-adjust the post.

2. Does anyone know of any precedent in VT where one party is given sole legal custody and another sole physical custody?

In this scenario the party given legal custody of a child has the child during the week and the judge has ordered this to continue. The other party (given sole physical custody of the child) has the child on weekends and the judge ordered this to continue.

The lawyer in the case has not seen this before. Both parties are satisfied by the ruling and the outcome- this is purely a research and precedent question.
Its really a weird order, particularly since the parent with sole physical custody actually has less physical time with the child than the parent with sole legal custody.

If either parent was not happy with the order, I suspect it would not hold up on appeal, since it is not a logical order, but if they are happy with it, then what's to argue?
 

legalQ77

Junior Member
thanks guys

Thanks for those who sent background info... somewhat relieved that this has happened before in other cases although it's a little odd. The arrangement seems to work, so I can't see any appeal from either party. Just two lawyers and two parties a little miffed at the decision. I am also starting to see the thing about keeping the parents 'in line'. Thanks again, case closed.
 
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