Sole "Legal" and Physical custody

[kymmie65]

What is the name of your state? SD & MT

Divorce filed in SD, now live in MT Im in the process of having the jursidiction changed to MT.

My question is what exactly is Sole "Legal" custody? What are the rights of the parent granted this title (ie making decisions etc.).

 

[LdiJ]

What is the name of your state? SD & MT

Divorce filed in SD, now live in MT Im in the process of having the jursidiction changed to MT.

My question is what exactly is Sole "Legal" custody? What are the rights of the parent granted this title (ie making decisions etc.).

The parent with sole legal custody has sole decision making rights where the child is concerned.

Other than that, you aren't going to get better info without giving more information.

 

[tigger22472]

The parent with sole legal custody has sole decision making rights where the child is concerned.

While of course that is correct I always try to point out that:

1. this doesn't mean that the CP is not to consult with and inform the NCP of things. The way it is supposed to work is parents are to consult and then the parent with sole custody gets to make the final decision.

2. This does not prevent the NCP from obtaining records from either the schools and or doctors.

3. This does not necessarily have anything to do with visitation (that is usually spelled out differently), including doesn't give the CP the right to dictate what the NCP does on their time.

 

[LdiJ]

While of course that is correct I always try to point out that:

1. this doesn't mean that the CP is not to consult with and inform the NCP of things. The way it is supposed to work is parents are to consult and then the parent with sole custody gets to make the final decision.

2. This does not prevent the NCP from obtaining records from either the schools and or doctors.

3. This does not necessarily have anything to do with visitation (that is usually spelled out differently), including doesn't give the CP the right to dictate what the NCP does on their time.

I agree with all of that....however I suspect that OP needs to explain a whole lot more to get accurate advice.

 

[tigger22472]

I agree with all of that....however I suspect that OP needs to explain a whole lot more to get accurate advice.

I am sure they do also. However, my reasoning for adding that stuff is my own problem I have with those that believe 'sole' custody means that they have total control of everything. It sounds so attractive!!! Then reality sinks in that really very little control is given because as we know even in the end if the CP makes a major decision that the NCP doesn't agree with and can PROVE that it was not in the best interest of the child that opens a whole new can of worms.

 

[kymmie65]

I suspect that OP needs to explain a whole lot more to get accurate advice.

I knew I was kind of asking a broad question. I am the sole legal and physical custody parent. I want to know if I can tell my sons father that I do not want him taking our son over to myparents house while he has him. I believe that it would not be in his best interest to visit them anymore.

Also in regards to religion and such. Since he spends the greatest amount of time here (10 months), I think it is very confusing when they try to insist he do things we do not do at home.

 

[tigger22472]

I knew I was kind of asking a broad question. I am the sole legal and physical custody parent. I want to know if I can tell my sons father that I do not want him taking our son over to myparents house while he has him. I believe that it would not be in his best interest to visit them anymore.

Also in regards to religion and such. Since he spends the greatest amount of time here (10 months), I think it is very confusing when they try to insist he do things we do not do at home.

nope and nope

What he does on his time is up to him and you cannot control it unless you can prove that what he's doing is a danger. On the religion aspect the courts rarely, if ever, get involved and when they do a lot of the time it ends up being appealed and in essence they are told they have no business in that area.

 

[nextwife]

I knew I was kind of asking a broad question. I am the sole legal and physical custody parent. I want to know if I can tell my sons father that I do not want him taking our son over to myparents house while he has him. I believe that it would not be in his best interest to visit them anymore.

Also in regards to religion and such. Since he spends the greatest amount of time here (10 months), I think it is very confusing when they try to insist he do things we do not do at home.

A child can and SHOULD be exposed to families that practice different religious beliefs in their home. It has never hurt my daughter's comfort with our own religion to develop an understanding that the world is filled with many different people whose paths to G-d are very different from ours. It's ok for someone to be different. We can respect their beliefs, be on hand for their holidays, without a child losing their OWN religious identity.

Unless your parents are a danger to the child, you have no business trying to control with whom dad spends his visitation time.

 

[kymmie65]

Unless your parents are a danger to the child, you have no business trying to control with whom dad spends his visitation time.

The father is not spending time with my family and son, he is driving him 200 miles to my parents and then leaving him with them for a week and going back to pick him up. I dont mind him visiting with his father, but not being left there for periods of time.

As for religion, I expected your answer which is no suprise. But thank you for your opinion.

 

[Ohiogal]

The father is not spending time with my family and son, he is driving him 200 miles to my parents and then leaving him with them for a week and going back to pick him up. I dont mind him visiting with his father, but not being left there for periods of time.

As for religion, I expected your answer which is no suprise. But thank you for your opinion.

You dont control that either. The courts are the ones who can control that and only if you can prove that is what he is doing and it is not in the best interest of the child (as in your parents are convicted child abusers/molestors) for your child to spend time like that. However don't expect the Court to agree with you.