Sole Custody?

[escape2paradise]

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

The judges decision is in and orders are being drawn up. I have sole decision making and primary residence with the X starting with 2 weekends a month supervised. He has to complete a myriad of things before he can have unsupervised. If and when he completes said requirements he will have unsupervised, 2 weekends a mos., every other holiday, and two weeks of vacation.

I was just reading a thread about passports and such and wondering if I have what is termed sole custody? Is that the same thing as sole decision making?

 

[Ohiogal]

Nope. Sole custody is sole physical and sole legal.

 

[LdiJ]

Nope. Sole custody is sole physical and sole legal.

I agree with OG, but it sounds like the judge intends to give you sole custody since you were given sole decision making rights and he has supervised visitation.

Therefore you may be able to get the wording changed (if your attorney is writing it up) to simply say sole custody with visitation to dad.

 

[escape2paradise]

In WA the the Residential Schedule is broken down into parts, School Schedule, Winter Vacation, Other School Breaks, Summer Schedule, Vacation with Parents, Holidays and Special Occasions. None of these sections says "visitation" with dad just when child shall "reside" with dad. However, none of that is in effect until the provisions of a completely separate section are fulfilled. From what I've read and what I've been told WA does not use the term "visitation" at all.

There is another section called "Designation of Custodian" which states:
The child named in this parenting plan are scheduled to reside the majority of the time with the mother. This parent is designated the custodian of the child solely for purposes of all other state and federal statutes which require a designation or determination of custody. This designation shall not affect either parent's rights and responsibilities under this parenting plan.

 

[CourtClerk]

There is another section called "Designation of Custodian" which states:
The child named in this parenting plan are scheduled to reside the majority of the time with the mother. This parent is designated the custodian of the child solely for purposes of all other state and federal statutes which require a designation or determination of custody. This designation shall not affect either parent's rights and responsibilities under this parenting plan.

The bolded makes it sound like you have sole custody to me.

 

[escape2paradise]

The bolded makes it sound like you have sole custody to me.

That's what I was thinking; but wanted to be sure.
Since we are on the border of Canada and will eventually be going again; we will need a passport for DD now that they are required. I'm just trying to think ahead and be prepared if I will need the X to sign off or not.

 

[Ohiogal]

The bolded makes it sound like you have sole custody to me.

Reread it. It doesn't.

This parent is designated the custodian of the child solely for purposes of all other state and federal statutes which require a designation or determination of custody.

What that means is that ONLY for reasons which require a custodian to be named (such as school address, and such) then that parent is custodian. That is NOT sole custody. It is stating only in what instances someone can claim to be the custodian. It will NOT be good enough for a passport without dad's signature or a court order granting the passport.

 

[LdiJ]

You might try to get something included in the order about the passport.

 

[wileybunch]

You might try to get something included in the order about the passport.

I agree.
Couples going through custody/visitation orders from now on should consider what language is appropriate for their order since the changes in homeland security make a passport req'd for the previously easy trips crossing the borders.

 

[profmum]

The bolded makes it sound like you have sole custody to me.

No that is NOT "sole custody" I have the exact same language in my CO, and we have joint physical and legal custody, it is merely a designation of of a custodial parent. Being in the legal field yourself, you should know better.