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Recent Joint Legal Custody questions

Divorced parents have joint physical custody of soon to be

Hello. Divorced parents have joint physical custody of soon to be 14 boy. The child spends one week with one parent, another week with another. They have a divirce agreemet which outlines their resposibilities.At this point in time they have a disagreement on parenting style in school homework management with Mother position being more relaxed and Father want to keep the childs school work under more control.The father thinks "We continue to have disagreements in the area outlined in the section III.C of the Separation agreement, specifically items 1, 2, and 3. As outlined in the Agreement, the next appropriate step is to attempt joint resolution. "Privided that their divorce agreement looks something like below,what is his prespective in litigation, and what he could potentially gain?They have been divorced since around 5 years ago.They live in MarylandB. Flexibility In Parenting - We acknowledge that parenting is not an exact science. By its nature, parenting must be flexible in many regards. Consequently, in attempting to meet the needs of our child, we are devising this parenting plan which we hope and believe will work. Needs and circumstances change. All amendments and changes, however, must be by agreement of the parties.Should disagreement about the parenting plan arise, the parties shall enter into mediation prior to resorting to litigation.C. Parenting DecisionsThe parties shall have joint decision-making power and joint legal custody with each other regarding the emotional, moral, educational, physical, religious and general welfare of the Child.1. Day-to-Day Decisions: Responsibility for day-to-day parenting decisions will rest with the parent with whom the Child is then residing, including vacations and holiday parenting. Examples of parental day-to-day decisions include treatment of minor health problems and injuries, diet, TV, house rules and discipline, bedtime, meals, activities, etc.2. Decision Making - Keep Informed: Each party shall keep the other party fully informed of and involved in the decision-making process with regard to the Child's emotional, moral, educational, physical and general welfare.3. Decision Making - Consult: The parties shall consult with each other regarding the emotional, moral, educational, physical and general welfare of the Child.4. Decision Making - Attempt Joint: The parties shall attempt to jointly decide matters of major importance affecting the Child. They shall consult with each other in an effort to mutually agree regarding the emotional, moral, educational, physical and general welfare of the Child.5. Decision Making - Consult Third Party: If the parties are unable to agree regarding any of the major decisions affecting the Child they shall consult a mutually agreed upon mental health professional, pediatrician, school counselor, educator or other third party who shall assist them in making a decision which is in their child's best interests.6. Mediation – If after consulting a third party, the parties are unable to agree regarding any of the major decisions affecting the Child they shall enter mediation before litigating the issue.7. Records: Each party shall be entitled access to all medical, educational, and other records, notices or information which relate to the welfare of the Child and each party shall be entitled to telephone access with the Child's medical providers, school officials, tutors, etc. Each party shall execute any authorizations so that information concerning the Child shall be equally available to both parties.8. Parental Participation: It is the intention of the parties that each of them shall participate as much as possible in making all decisions with respect to education, medical treatment, illness, operations (except in emergencies), health, welfare and other matters of similar importance affecting the Child. Decisions with respect to the aforesaid matters shall not be made by either party in such manner as to exclude the other from participation therein, and each party shall notify the other and invite the other to participate in any meeting or conferences with third parties which might affect such decisions, except in the event of an emergency. Each party shall, upon request, provide the other with all medical, educational, and other records, notices or information which relate to any aspect of the welfare of the Child and execute any authorizations so that all information concerning the Child shall be equally available to both parties.F. Camps & Other Extracurricular ActivitiesThe Child shall attend camps and other extracurricular activities in a manner consistent to what he did while the parents were married and together. The parents shall divide the costs of said camps and other extracurricular activities equally, with each parent contributing $180 each month for extracurricular activities during the Sep-May period, and $400 each month during Jun-Aug. All expenses for camps and other extracurricular activities above this amount will be split proportionally to income. We agree that neither of us will sign up the Child for any camps or extracurricular activities that take cumulatively 3 hours or more weekly without agreement from the other parent. Each parent is under no obligation to take the Child to activities this parent has not agreed to.

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LawTalk

Attorney at Law

Juris Doctor

33,122 satisfied customers
My ex husband is the custodial parent, there is no

Hello,My ex husband is the custodial parent, there is no communications clause in our divorce decree defining when I can speak with the children on the phone. He moved 5 hours away from here and therefore it has become much more important to be able to talk to the kids over the phone. He has not one time answered the phone when I call, & it would take 3 or 4 days for the kids to call me back, if they even did (kids are: 14 & 9). To try and help the situation, I requested that we set a time each week for the kids to call, which he agreed upon as Sunday nights. They have called every Sunday as agreed for the last month. The catch is that they make the kids call me while they are in the car, with my ex & his girlfriend every time. Absolutely no privacy. This is the only time I am able to talk to the kids. I have called 4 times in the last few weeks during the week & got no response. I asked to set up a time through the week and his girlfriend messaged me back, telling me the kids are too busy through the week to set up a time- but they could call anytime they had free all they had to do was ask. The one time my son called, we talked for five minutes and then she came and told him she needed her phone. I need some advice. I plan on trying to modify the order once we reach the one year mark in Feb. Until then, what can I do? I understand they are not technically in violation of the order, but this is not right. It is bad for the kids, I think there is definite Parental Alienation going one and I am worried. Any help will be much appreciated. Thank you!

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

972 satisfied customers
I have 2 boys 17 and 15. My ex-husband has joint legal

I have 2 boys 17 and 15. My ex-husband has joint legal custody and partial physical with the boys consent or desire to spend time with him. He pays no child support and the boys reside full time with me. I am working out of town for a month for my job. My ex is demanding that the boys stay with him even though I had made arrangements for them to stay with my mother and my ex's mother. He is threating to call the police when I leave tomorrow night to my job to get the boys to stay with him. What do I do?

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Amber E.

Lawyer

Doctoral Degree

1,832 satisfied customers
I have a son that molested his younger brother so the

I have a son that molested his younger brother so the grandmother on the father's side took him into her home for the last two yrs. The grandmother has recently brought the kid to social services up in Illinois and has given up. They wanted me to come get him witch I cannot because it will put my other child in harms way and father refusing to get him too. They are saying there is now allegations of child abandonment against both me and the father. Can I be sent to jail because I refuse to take my son back and put my younger son back with his molester?

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LawInfo411

Lawyer

Doctoral Degree

204 satisfied customers
I need help on changing my court custody from sole for

Hi, I need help on changing my court custody from sole for daughters ex wife has to joint legal custody. I have been divorced since last Oct and agreed to sole for exwife to have at that point but now as a father my rights aren't get met, no sign of abuse from either of us. Also I need advice how to construct a binding Parenting plan for visitation purposes and other issues that I don't agree with her

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I recently had mediation with the mother of my children, and

I recently had mediation with the mother of my children, and i walked out feeling like i am getting my time with my children taken away from me. I currently have Joint legal custody, and i have Primary physical custody, these orders were set in 2014. few months after hearing mother had to move out of state because she had no place to live so she moved in with a friend for a year, so i filed to modify current orders because she was not around that i have sole legal and physical custody of children which was granted to me, but once she moves back orders from 2014 would be reinstated. Hows is that fair when shes lived out there for a year, and children are then set on a new schedule because of her. since I have known her shes always had an issue with stability, been kicked out of relatives homes (till this day still moving from place to place) had no place to stay and no transportation. She moved back a year later from out of state, Orders are obviously reinstated, but when she moved back she told me that she wanted to avoid the courts and that shell get to spend time with the girls when she is not working, I had a schedule the children were use to, which was she would only have time with the children on the alternate weekends if she wasn't working, children had school from 8am to 2pm then an after school program from 2pm to 6pm, and while mother was out of state i had enrolled the children in gymnastics on every Saturday so they could have their mind off on why they were not seeing their mother. So we went back to court last week because she wanted more time with children which refers to orders from 2014, Tuesdays and Thursdays from 6pm to 730pm.. and Friday Saturday and Sunday 5pm... which i just want to keep alternate weekends from Saturday at 11am to Sunday 8pm. I need help keeping that schedule because if she has time during the week during school season then it will reflect on children's academic performance homework wise, and if she takes Saturdays than that will take away from their gymnastics (again i dont rely on her, again because she has always had issue with stability)

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FamilyAnswer

Juris Doctor

30,506 satisfied customers
I needed to ask you another question! Since she walked out

I needed to ask you another question! Since she walked out of the marital home, do I stand a good chance of keeping the home and getting custody of the kids? My wife walked out to be with a guy who is a current felon, which includes domestic violence and drugs. I do not want to risk them being around such a man. Our kids are 3, 9 and 11. I would fear for their safety. What can I do?

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Olivia Kent

Managing Partner

Law

1,792 satisfied customers
I have joint legal custody and soul physical custody of my

I have joint legal custody and soul physical custody of my children. I am contemplating moving back home to the mainland at the end of this school year and am wondering what, if anything, their father could do to prevent our move. We were never married and the custody papers do say that if there is any dispute over a decision concerning the children, I have the final say on the matter.

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JD 1992

Juris Doctor

35,784 satisfied customers
I have a friend who lives in Texas. Him and his child's

I have a friend who lives in Texas. Him and his child's mother have joint custody. Can she take the child to Mexico without his permission? The child already has a passport.

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Christopher B, Esq.

Attorney

Juris Doctor

5,356 satisfied customers
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