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Joint Legal Custody
- Thread starter elaine60
- Start date
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LdiJ
Senior Member
In Indiana, joint legal custody specifically means that each parent can make ordinary, day to day decisions regarding the child during their time (example, whether or not to allow a 12 year old to watch PG13 movies).....and that the parents must decide together and agree on major decision (major medical decisions, major educational decisions, major religious decisions etc.)elaine60 said:
I thought joint custody was that each parent has equal time with the child or children. When they state in the papers that the parents have joint custody with the one parent being the primary caregiver what does that mean. Isn't that double talk? When I got divorced it was either full custody or joint. My attorney told me that me having full custody meant that I had my kids the majority of the time except for the other parents visitation schedule. When I asked him about joint he said normally they do not order it unless both parents reside near each other so as to facilitate the ease of both parents being able to continue with the child's daily activities, such as school.
How can a court decree that only one parent have the right to make decisions about a child created by two people. Unless it is proven that one parent can not make wise choices concerning the child.
Even with me having full custody I still had to make my ex aware of any proposed changes in my childrens life.
In the situation I am in now my fiancee' has joint with her being the primary caregiver. She has told her daughter that she does not have to tell him or ask him anything where their daughter is concerned. Because she is the primary caregiver.
Last year she sent her on a Disney vacation with a sister who gave up her own two children. She told him she was going to and during the school year and he told he he did not think it was a good idea. She also told him it would not be during his week that we have her. Well he went to pick her up and she was gone to Disney and she had failing grades at the time. She also told their daughter to lie to us and not tell us when she was going because her father would try to stop it. So what did she do as it got closer and he kept asking. She lied to her dad. Now that is something that I would want to teach my child. So I guess this is why I am asking how the court can decide who is more responsible when it comes to making decisions concerning a childs well-being. I guess to some it up is this.
Here's her profile of good decisions:
7 homes in 12 years
5 schools
Failing grades
No friends with pc because of moving all of the time
Child has asthma because pc and boyfriends excessive smoking.
Teaching the child to be deceptive to the other parent and other adults
No pets because of moving
No medical attention if needed.
and the list goes on, but she is the one who is suppose to be responsible.
I think the whole system stinks and that our lawmakers need to rethink child custody issues. I read one thread where they said the judge was going to allow time for the parent to prove themselves. Well what about the parent who did not even get the chance. I think the worst thing is having to set back and watch your childs quality of life go in the toilet because someone esle decided the other parent should have more rights.
WhaT happened to providing a stable atmosphere. I think that her fathers life speaks for itself.
Place of residence: 15 years
Place of employment: 16 years
Nonsmoker
Pets, dalmation who is now 12, same age as daughter, rabbit, two cats, guinea pig
Friends: maintains friendship with friend from 1st grade
Maybe I should of went to school to be a child custody lawyer. I tried to provide my kids with a stable life. The only stability that my stepdaughter has is knowing that her father can be counted on for being a constant in her life, not her mother!
How can a court decree that only one parent have the right to make decisions about a child created by two people. Unless it is proven that one parent can not make wise choices concerning the child.
Even with me having full custody I still had to make my ex aware of any proposed changes in my childrens life.
In the situation I am in now my fiancee' has joint with her being the primary caregiver. She has told her daughter that she does not have to tell him or ask him anything where their daughter is concerned. Because she is the primary caregiver.
Last year she sent her on a Disney vacation with a sister who gave up her own two children. She told him she was going to and during the school year and he told he he did not think it was a good idea. She also told him it would not be during his week that we have her. Well he went to pick her up and she was gone to Disney and she had failing grades at the time. She also told their daughter to lie to us and not tell us when she was going because her father would try to stop it. So what did she do as it got closer and he kept asking. She lied to her dad. Now that is something that I would want to teach my child. So I guess this is why I am asking how the court can decide who is more responsible when it comes to making decisions concerning a childs well-being. I guess to some it up is this.
Here's her profile of good decisions:
7 homes in 12 years
5 schools
Failing grades
No friends with pc because of moving all of the time
Child has asthma because pc and boyfriends excessive smoking.
Teaching the child to be deceptive to the other parent and other adults
No pets because of moving
No medical attention if needed.
and the list goes on, but she is the one who is suppose to be responsible.
I think the whole system stinks and that our lawmakers need to rethink child custody issues. I read one thread where they said the judge was going to allow time for the parent to prove themselves. Well what about the parent who did not even get the chance. I think the worst thing is having to set back and watch your childs quality of life go in the toilet because someone esle decided the other parent should have more rights.
WhaT happened to providing a stable atmosphere. I think that her fathers life speaks for itself.
Place of residence: 15 years
Place of employment: 16 years
Nonsmoker
Pets, dalmation who is now 12, same age as daughter, rabbit, two cats, guinea pig
Friends: maintains friendship with friend from 1st grade
Maybe I should of went to school to be a child custody lawyer. I tried to provide my kids with a stable life. The only stability that my stepdaughter has is knowing that her father can be counted on for being a constant in her life, not her mother!
stealth2
Under the Radar Member
There is a difference between Joint LEGAL Custody and Joint PHYSICAL Custody. The former regards decision-making abilities such as LDi outlined. The latter regards physical placement of the child - and can span any percentage of time with each parent, although most commonly is 50/50, 60/40, or something close to that.elaine60 said:
You really have no say . You are not the Parent .
You were given a definition of Joint Legal Custody .
Your assumptions on what the definition is , is wrong .
Parents that have Joint custody retains just as much " Legal " rights as the other.
That does not necessarily mean , equal time .
Visitation schedules still can be ordered .
Generally a Parent can take the child on vacations without permission or notifying the other , on their time , unless the orders specify differently .
Animosity has NO legal bearing on the Laws .
You were given a definition of Joint Legal Custody .
Your assumptions on what the definition is , is wrong .
Parents that have Joint custody retains just as much " Legal " rights as the other.
That does not necessarily mean , equal time .
Visitation schedules still can be ordered .
Generally a Parent can take the child on vacations without permission or notifying the other , on their time , unless the orders specify differently .
Animosity has NO legal bearing on the Laws .
LdiJ
Senior Member
Elaine.....you are WAY too involved here. You are way to emotionally invested in this situation.
The child has two parents. Both of those parents have rights. Your husband has joint legal custody which I defined for you above.
Indiana judges rarely award joint physical custody unless it is agreed upon by the parents.....due to the high amount of cooperation that it requires to make it work.
Full custody in Indiana means that one parent has full legal and physical custody, and the other parent has visitation (or not, depending on the situation), but no legal say in major decisions regarding the child.
This child has a mother. The courts have given her primary custody. She obviously parents differently than you do, but that does not make her an unfit parent in the eyes of the court. You need to step back from this situation and let your husband handle things. I realize that you had a different experience as a divorced parent....however EVERYBODY does....no two people have identical experiences.
The child has two parents. Both of those parents have rights. Your husband has joint legal custody which I defined for you above.
Indiana judges rarely award joint physical custody unless it is agreed upon by the parents.....due to the high amount of cooperation that it requires to make it work.
Full custody in Indiana means that one parent has full legal and physical custody, and the other parent has visitation (or not, depending on the situation), but no legal say in major decisions regarding the child.
This child has a mother. The courts have given her primary custody. She obviously parents differently than you do, but that does not make her an unfit parent in the eyes of the court. You need to step back from this situation and let your husband handle things. I realize that you had a different experience as a divorced parent....however EVERYBODY does....no two people have identical experiences.
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