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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89318
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have joint legal and physical custody of my child but the

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I have joint legal and physical custody of my child but the mother has primary and im secondary what kind of rights does this give her over me.she has final decision on school and religion and i have health and extracurricular. Seems this kind of contradicts itself. Please help.
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The courts do this type of division when they see or believe parents cannot work together for the best interests of the child. The two areas as divided do not contradict as they are different things that each of you have final say over. This only means that if the two of you cannot talk it out and come to a mutual decision and there is a deadlock in your trying to work it out, then the parent who has been given final say gets to have the last word. This does NOT mean the court does not expect the two of you to try to work this through like adults and come to some type of compromise that would be the best overall for the child.

As far as the primary and secondary, that refers to who would have the physical custody primarily or first and this is used many times even where parents share physical custody because many school districts require such a designation for allowing a child to attend schools in the proper districts.


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Customer: replied 11 months ago.

yes but i have her half the time and she has her half the time and she goes to school in my school district,just wondering buy her being primary what rights does she have over me.And there is no child support order.

Expert:  Law Educator, Esq. replied 11 months ago.
She does not have any other rights at this point over you by being primary if you have e child each one half of the time. This is a designation used in case there is some dispute over which parent is the one where the child uses as an address more than anything and in this case if your school district does not care based on the child living with you 50% of the time, then the designation right now means nothing else and does not give her additional rights at the time.
Customer: replied 11 months ago.

OK i just did not know if there was a fast one pulled over me or not. she keeps telling me that she has more rights to her because she is primary and im second, but that seems to be false. why would there be a primary at all in this case then,seems it is written incorrectly.

 

Expert:  Law Educator, Esq. replied 11 months ago.
As long as the parenting time is equal she really does not have more rights. The primary refers to the parent where the child has primary residence for legal purposes. All of the other things for decisions to said above are spelled out as to who has final say if there is something that the two of you cannot agree upon.
Customer: replied 11 months ago.

Last question for like what kind of legal purposes?


 

Expert:  Law Educator, Esq. replied 11 months ago.
As I mentioned, such as for many school districts using that as primary address, also for mailing address purpose of the child or to determine even county or city of legal residence for any types of legal purpose of jurisdiction. The designation does not mean much where the two parent share the physical time evenly or close to evenly.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89318
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 3 other Family Law Specialists are ready to help you

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