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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!
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