Requirements for joint-physical custody

[Deemes]

What is the name of your state? MD

Does anyone know what the requirements are for join physical custody? Does the child (3 yr old) have to stay with either parent for a certain number of days in the year? Or is it all negotiable.

 

[CJane]

Do you mean shared custody?

Joint physical just means that the child spends time in each household... it does not indicate an AMOUNT of time.

 

[Deemes]

Okay, Yeah I mean join-physical custody. I've been told from the mother who wants full-custody that in order for it to be joint, that our son would have to spend a minimum of 130 some days per year with me, I never thought there was an actual set amount of time, but rather a negotiated time.

 

[Deemes]

It looks like in our state, MD, that the child must spend a minimum of 35% of the time with both of the parents, which would be equivalent to 2.4 days a week... It also seems like this is more of a guideline, but can always be adjusted... does that sound right?

 

[ProSeDadinMD]

Actually...

In MD, it's 128 overnights minimum to make joint physical custody, and it's not a "guideline", but a part of the CS code(12-203).

 

[Deemes]

In MD, it's 128 overnights minimum to make joint physical custody, and it's not a "guideline", but a part of the CS code(12-203).

I guess it's just a matter of nomenclature, I'm sure you can have your own custody agreement, it just may not be legally called "shared physical custody", but would still provide the same protection and benefits as shared physical.

I hear about people who do weekdays with one parent, weekends with the other... I can't imagine that by doing that split, the person who gets weekends would be given less custody rights over the person who does weekdays, and sends the child to a day care.

 

[ProSeDadinMD]

I guess it's just a matter of nomenclature, I'm sure you can have your own custody agreement, it just may not be legally called "shared physical custody", but would still provide the same protection and benefits as shared physical.

Actually, no. Not in MD. It is exactly what it is. Legally.

I hear about people who do weekdays with one parent, weekends with the other... I can't imagine that by doing that split, the person who gets weekends would be given less custody rights over the person who does weekdays, and sends the child to a day care.

In this case, if it was just 2 overnights each weekend, that would be 104 per year, which would give you visitation, not shared physical custody. 3 overnights each weekend would give you 156, which would give you shared physical custody.

 

[LdiJ]

What is it that you are really trying to accomplish?

If you just want equal "say" regarding the child then joint physical custody is not what you want, you want joint legal custody.

If you are hoping to avoid child support, that won't happen unless your incomes are basically equal and you have a 50/50 timeshare.

Also, getting a judge to order that you get every weekend with the child isn't very likely. Mom would have to agree to that.

 

[Deemes]

Here is what I'm trying to accomplish, but let me give you a little background.

My wife and I are currently separated (not legally). My wife will be filing for a limited divorce soon. I currently pay her child support, as agreed upon in a consent order and I have our son every weekend and I see him for an hour after work every day, again as in our consent order, signed by both of us, our lawyers, and approved by a judge.

My wife is originally from NYC and has threatened on several occasions to take our son there. This is what I cannot allow to happen. If having legal custody, will prevent that, then that would be fine. My biggest concern is her taking our son away.

 

[CJane]

Here is what I'm trying to accomplish, but let me give you a little background.

My wife and I are currently separated (not legally). My wife will be filing for a limited divorce soon. I currently pay her child support, as agreed upon in a consent order and I have our son every weekend and I see him for an hour after work every day, again as in our consent order, signed by both of us, our lawyers, and approved by a judge. [/wuote]

While the time you spend with your child is paramount to your relationship with him... if it's not overnights, it doesn't count. At least, not the way I understand it.

So you currently have (assuming Friday-Monday for weekends) 12 overnights/month which is 144 which meets the shared requirements. But if you only have two weekend nights (friday and saturday) then you only have 96 days/year and it doesn't meet the standard.

My wife is originally from NYC and has threatened on several occasions to take our son there. This is what I cannot allow to happen. If having legal custody, will prevent that, then that would be fine. My biggest concern is her taking our son away.

If you're attempting to prevent a move, then you're going about it all crazy-like.

Include language in the order that prevents the child from being relocated out of state w/out the approval of both YOU and the court.

 

[Deemes]

Here is what I'm trying to accomplish, but let me give you a little background.

My wife and I are currently separated (not legally). My wife will be filing for a limited divorce soon. I currently pay her child support, as agreed upon in a consent order and I have our son every weekend and I see him for an hour after work every day, again as in our consent order, signed by both of us, our lawyers, and approved by a judge. [/wuote]

While the time you spend with your child is paramount to your relationship with him... if it's not overnights, it doesn't count. At least, not the way I understand it.

So you currently have (assuming Friday-Monday for weekends) 12 overnights/month which is 144 which meets the shared requirements. But if you only have two weekend nights (friday and saturday) then you only have 96 days/year and it doesn't meet the standard.





If you're attempting to prevent a move, then you're going about it all crazy-like.

Include language in the order that prevents the child from being relocated out of state w/out the approval of both YOU and the court.

Yeah, it's only 2 overnights a week. You think just having a clause in the order is enough? What happens in two years if she wants to fight that and she has physical custody, which due to that our son will be spending more time with her, wouldn't that give her a leg up?

Also, can you limit it to a mile radius? I wouldn't want to drive 3 hours to the other side of maryland.

 

[CJane]

Yeah, it's only 2 overnights a week. You think just having a clause in the order is enough? What happens in two years if she wants to fight that and she has physical custody, which due to that our son will be spending more time with her, wouldn't that give her a leg up?

Also, can you limit it to a mile radius? I wouldn't want to drive 3 hours to the other side of maryland.

Well, why only 2 overnights? I think it's a REALLY stupendously bad idea to give up every single one of your weekends to kid-duty. But maybe that's me.

If you're currently near each other, why not a more equal schedule? The 2 nights you have him after work could be overnights, yes?

Relocation is HARD. Mom would have to eventually prove to the court that it is in the best interests of the child. So be as involved as possible between now and then.

 

[Deemes]

Well, why only 2 overnights? I think it's a REALLY stupendously bad idea to give up every single one of your weekends to kid-duty. But maybe that's me.

If you're currently near each other, why not a more equal schedule? The 2 nights you have him after work could be overnights, yes?

Relocation is HARD. Mom would have to eventually prove to the court that it is in the best interests of the child. So be as involved as possible between now and then.

I do 2 overnights, because I don't work on the weekends. My wife, of course, doesn't have a job, she does some part-time under the table nannying, which allows her to bring our son with her and she leaves earlier then I even wake up during the week. Which would mean for me to have him during the week (assuming she is "working") then I would have to wake up our son, put him in the car, drive over to her place to drop him off, then go home, take a shower and get ready for work... not very practical...

Also, after work... isn't two night.. it's everyday. So M-F I have see him for an hour from when I get home, to when he goes to bed, then Fri. and Sat. I have him overnight and bring him back late sunday afternoon.

 

[ProSeDadinMD]

Also, after work... isn't two night.. it's everyday. So M-F I have see him for an hour from when I get home, to when he goes to bed, then ....

This one hour per night has no impact on physical custody. Only overnights count.

As for weeknight overnights not being practical, 6 times a month I get up 2 hours early so that I can return my daughter(ready for school) and make it to work on time(a 63 mile trip in DC area rush hour traffic). There's also the 8 days a month I've had to change my work schedule to make pick-ups workable. Practical is what you make of it.

 

[CJane]

This one hour per night has no impact on physical custody. Only overnights count.

As for weeknight overnights not being practical, 6 times a month I get up 2 hours early so that I can return my daughter(ready for school) and make it to work on time(a 63 mile trip in DC area rush hour traffic). There's also the 8 days a month I've had to change my work schedule to make pick-ups workable. Practical is what you make of it.

It's also how badly you want to make it work.

For 2 years, I lived 30 miles from stupidhead. I got the kids up and out of the house 3 mornings/week so that I could drive them 35 miles to their school before I could even start my 30 mile commute. It was important to me that they stay in the same school district and that I maintain primary residence... and so I made it work because that's where my priorities are.