Is this Joint legal custody or not?

[shesaidwhat]

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

I have been trying to figure this out but have not had much luck on my own as of yet.

My divorce papers state that "It is further ordered that the Petitioner's home (mine) is the residential home of the minor child born of the parties, namely: (child's name), born on (xxxxxx) and she is granted the primary care and control of the infant child. It is further ordered that the respondent is granted parenting time with the minor child pursuant to the parenting plan submitted to the court by the parties."

Does this mean that we share joint legal custody and I have primary physical custody or does this mean that I have legal and physical custody with the father having visitation rights?

I apologize if the answer seems obvious, but the wording and different orders are very confusing.

Thanks

 

[Ohiogal]

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

I have been trying to figure this out but have not had much luck on my own as of yet.

My divorce papers state that "It is further ordered that the Petitioner's home (mine) is the residential home of the minor child born of the parties, namely: (child's name), born on (xxxxxx) and she is granted the primary care and control of the infant child. It is further ordered that the respondent is granted parenting time with the minor child pursuant to the parenting plan submitted to the court by the parties."

Does this mean that we share joint legal custody and I have primary physical custody or does this mean that I have legal and physical custody with the father having visitation rights?

I apologize if the answer seems obvious, but the wording and different orders are very confusing.

Thanks

What does the rest of the parenting plan state?

 

[shesaidwhat]

The original parenting plan was pretty standard, however, the father rarely exercised his visitation time and it was modified in 2005 to one week in summer, to be designated by me, and 9am - 9pm on Christmas eve. It states that "The petitioner's proposed parenting plan should be accepted by the court as the respondent failed to appear and make any request for parenting time."

 

[Ohiogal]

The original parenting plan was pretty standard, however, the father rarely exercised his visitation time and it was modified in 2005 to one week in summer, to be designated by me, and 9am - 9pm on Christmas eve. It states that "The petitioner's proposed parenting plan should be accepted by the court as the respondent failed to appear and make any request for parenting time."

You don't understand. Pretty standard? Normally parents have joint custody. But since you quoted a portion that states that dad's rights are based on the rest of the parenting plan no one can tell you with absoluteness without reading word for word the rest of the parenting plan.

He may have joint decision making. It sounds from what you quoted that you have PRIMARY residential and dad has secondary residential (joint physical) but the rest of the plan matters.

 

[shesaidwhat]

I apologize, you're right, I don't understand - that's why I was asking. The wording is strange. I thought you would go from the modification information.

The original parenting plan outlines a residential schedule for the child stating that "the child shall reside with or be with the mother except for the following times when the child shall reside with the father. The father shall have substantial and continuing contact with our child including, but not limited to every other weekend and one half the child's summer vacation from school." It goes on to lay out specifics for holidays (most alternating years - father christmas eve, mother christmas day). It says that both parents have equal access to information, should share important information about our child's health, education, upbringing, discipline, etc. with each other, and then it goes on to address child support, etc.

The modification states : "The petitioner testified the respondent had not responded to her or this petition. The petition states both parties are moving to other areas and the parties need to change the parenting plan to reflect this. The petitioner made a proposal to the court for the respondent to have one week in the summer which should be designated by her and Christmas eve in with the child from 9 a.m. until 9 p.m. each year."

Under conclusions of law it goes on to say that

"1.The petitioner's petition for modification should be granted, effective xx,xx,2005 as there has been a substantial change in circumstances.

2. The petitioner's proposed parenting plan should be accepted by the court as the respondent failed to appear to make any request for parenting time.

3. [this part addresses child support]

4. [this part addresses insurance coverage for child]

IT IS HEREBY ACCORDINGLY ORDERED AND ADJUDGED:

1. The petition for modification filed by the petitioner on xx-xx-2005 in xx county civil action no. xxxxxxxxx, be granted, effective xx-xx-2005.

2. The petitioner's proposed parenting plan shall be accepted by the court as the respondent did not appear to request time. Said parenting time is set forth below:

The respondent shall have one week in the summer which shall be designated by the petitioner and further the respondent shall have christmas eve with the child from 9 a.m. to 9 p.m. each year.

3. [addresses child support]

4. [addresses medical insurance]"

If I'm still not including enough information please let me know.

 

[Ohiogal]

You and dad have JOINT PHYSICAL CUSTODY based on that. Legal custody involves DECISION MAKING. Do you both have to participate in making decisions regarding education/medical and other legal choices for the child? Do you have the sole right to make those decisions? Do you have to consult with dad? Does he have to consult with you? Do you have to agree on all decisions? Does one of you have the authority to make decisions unilaterally according to the court order? Residing with you for school purposes does NOT give you legal custody for educational purposes. It just means the child will go to school in your school district.

 

[shesaidwhat]

The divorce order or the parenting plan does not address that at all. I *do* remember writing all of that up in our original divorce papers - we did them ourselves (well, I filled in the packet based on what we agreed upon) - regarding religion, education, medical, etc. decisions, but there is *nothing* saying that either one of us, or both of us has decision making rights at all, in the final court documents (in the papers we wrote up, I had decision making rights). Nothing states that we must agree or either one of us must consult with the other one.

The closest thing to it is "Each parent shall share important information about our children's health, education, discipline, and all aspects of our children's upbringing with each other." from the original parenting plan - and "primary care and control" from the divorce order.

Father was absent for quite some time so I never questioned any of this previously - my mistake. He's never taken child to the doctor or asked to be involved in school functions of any kind. I generally e-mail or phone with school picture information every year, and I spoke to him when child was diagnosed with a condition that required some at home care, but that's the extent of it.

 

[Ohiogal]

The divorce order or the parenting plan does not address that at all. I *do* remember writing all of that up in our original divorce papers - we did them ourselves (well, I filled in the packet based on what we agreed upon) - regarding religion, education, medical, etc. decisions, but there is *nothing* saying that either one of us, or both of us has decision making rights at all, in the final court documents (in the papers we wrote up, I had decision making rights). Nothing states that we must agree or either one of us must consult with the other one.

The closest thing to it is "Each parent shall share important information about our children's health, education, discipline, and all aspects of our children's upbringing with each other." from the original parenting plan - and "primary care and control" from the divorce order.

Father was absent for quite some time so I never questioned any of this previously - my mistake. He's never taken child to the doctor or asked to be involved in school functions of any kind. I generally e-mail or phone with school picture information every year, and I spoke to him when child was diagnosed with a condition that required some at home care, but that's the extent of it.

Were the papers you wrote up signed by the judge and made a court order?

 

[shesaidwhat]

No, apparently not that part. The court orders read as I posted above. They don't address decision making in the slightest - at least not directly or specifically, other than what I quoted.

 

[Ohiogal]

No, apparently not that part. The court orders read as I posted above. They don't address decision making in the slightest - at least not directly or specifically, other than what I quoted.

Then you most likely default to JOINT but take ALL of your paperwork and see an attorney in your area -- there might be something I missed or you missed.

 

[shesaidwhat]

Is it not unusual for the orders to be so unclear? I mean, they're clear in time spent with Dad and time spent with me, but from that point everything is rather ambiguous.

Thanks for your help. I will do that.

 

[Ohiogal]

Is it not unusual for the orders to be so unclear? I mean, they're clear in time spent with Dad and time spent with me, but from that point everything is rather ambiguous.

Thanks for your help. I will do that.

Usually orders state who has legal custody and decision making.