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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
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Experience:  Attorney with 13 years experience.
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My husband wanted to add this into our child custody, we have

Resolved Question:

My husband wanted to add this into our child custody, we have shared custody:
I would like to ask questions for each item.

- Both parties have the right to all academic, medical, religious, and psychological
records of the children.
(this only means that he can the right to get records, but doesn't have the right to make decision, especially on religious.

- Both parties have the option to take the children to any professional after telling
the other parent about the appointment prior to said appointment.
(I am the primary care giver, does that mean that I have inform my husband whenever I took my kids to any professional or appointment. What does professional and appointment include? If my husband interpret that I have to inform him any places I took and said it's according to this rule, how should I respond?

- Both parties shall inform one another of their most up to date contact information at
all times.

- If there is an emergency or serious injury to either the children or the parent
caring for the child, they will contact the other parent as soon as possible.

- If the children have a serious injury or illness, the parenting schedule may be
adjusted to meet the child's needs.

- Before enrolling the children in an extracurricular lesson or activity, they will talk
to each other, especially if it is involves time when the children would be with the other parent
I am the one who pay for my children's extracurricular lesson or activity and my husband pay for child support. Does this rule mean that I have get his permission to enroll a child any extracurricular lesson or activity or I have inform every extracurricular lesson or activity? What if I forgot to inform him about the activity or if he doesn't agree on enrolling my child to the activity I picked? Then, what should we do?

I will need to take my children out of country during the summer, but during these two monthes, there are involved custody time with my husband, if he doesn't want us to travel or be out of the country because we are using his parenting time with the children? What should we do? Should we make the traveling note on the custody agreement? or just wait until it happens. My husband have around 20 overnights in a year, can he adjust the child custody agreement after it's filed and then ask for more over night? Will the judge let him do that? If he wants half-year of over night and the judge approved, does it mean that he doesn't need to pay child support? Now, my income is lower than my husband, if in the future I have higher income than him, do I need to report? Will that affect child support? If I change my job to part-time, so I will have much lower income than my husband comparing to my original income, do I need to report? Will that affect the child support? If any one of us violated the rule from our child custody agreement, what should we do? Should we make the child custody as easy as possible or as detailed as possible?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

mmdesq :

Good Morning:

mmdesq :

1. A Child Custody Agreement or Order is always modifiable.

mmdesq :

2. If you wish to travel during the summer where it will conflict with his schedule it will need to be in the Agreement otherwise it would have to be modified later. A judge does not have to allow a modification.

mmdesq :

3. Child Support is paid by the non custodial parent to the primary custodial parent. If Husband becomes the primary custodial parent then you would have to pay him.

mmdesq :

4. All changes in income are supposed to be reported to domestic relations.

mmdesq :

5. If you voluntarily decrease your income, husband can argue that you should be given an earning capacity based upon your previous higher salary. You have to have a reason, other than lowering child support, as to why you are changing jobs. The same rule applies to your husband.

mmdesq :

6. Legal Custody is the right to make health care, religious, school, etc. decision regarding children. Physical custody is the schedule of who has the children when. Yes each parent has a say in decisions. I think you should have a provision that would limit informing the other parent about major medical decisions, not every cold or physical. Joint Legal Custody is pretty standard. You have to have interfered in the past with medical, religious or school decisions to not have this provision.

mmdesq :

7. Yes it is typical to have to have contact information for each other.

mmdesq :

8. Yes based on how you are describing the proposed agreement it would requiring agreeing on extracurricular activities. General court will allow prior activities a child was enrolled in before.

mmdesq :

I hope this is helpful. Good Luck.

mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 109
Experience: Attorney with 13 years experience.
mmdesq and 2 other Family Law Specialists are ready to help you

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mmdesq
Family Lawyer
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