Mother has primary physical custody. There was no split listed in the court order regarding the legal custody, only that they were both to have joint legal custody of their son.
Thank you for your follow-up, Rachel.If no split was listed then both are considered to be 50/50 legal custodial parents. That is a bit of a difficulty since in a 50/50 situation neither party's right is greater than the other. It essentially means that while either party can make legal decisions on behalf of the child, the other party can legally overrule or overturn that decision AND it also means that the person does not have to comply with the requests of the initial parents.There is a way to get it resolved. You can either have your spouse file a motion for clarification, essentially seeking clarifying language from the judge that would define the duties and requirements of joint disclosure by the parents, or your spouse can attempt to skip that step and file a 'motion to compel', which is a separate motion that is one step under a contempt of court petition. Under a 'motion to compel' your spouse can state that since parties are equally responsible, it is in the child's best interest that both parties split and share information, and that he is seeking that the judge compel the other person to do so. Likely the first option is more likely to work but will take longer than the second option that I suggested. Hope that helps!
Thank you so much, this helps immensely!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).