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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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my ex-wife and I have shared legal custody of our children

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my ex-wife and I have shared legal custody of our children in the state of Pennsylvania. She has primary physical custody and I have partial physical custody. She has been giving me a hard time about seeing my kids. I get to see them around 6 hours a week. we have no legally set visitation or child support. She says I have no rights and that I get to see them when she decides. Do I have rights to see them more? Here is exactly what my divorce papers say about custody word for word. "The parties hereto are the natural parents of two minor children as recited above. The parties hereby agree that Husband and Wife shall have shared legal custody of the children. Wife shall have primary physical custody of the children and Husband shall have parial physical custody of the children, as the paries can agree." Thats the whole section of custody
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Good afternoon. When you got divorced, did the court not impose or did not you request any type of visitation schedule?
Customer: replied 4 years ago.

we got divorced to try and save a friendship for the kids. there was no court imposed visitation schedule or child support. we were going on good faith that the kids would live with her but I could see them whenever I wanted. My ex wife turned me in for growing pot and ever since i got out, she has been telling me not to bite the hand that feeds me as far as seeing the kids is concerned. See told me that my only legal rights to the kids is medical and educational records. Is that true?

John, thank you for the additional information. Partial physical custody is the right to unsupervised visitation, and may be for a few hours every week or one day a week, every other week-end, etc. It is certainly something that can be agreed upon between you and your ex. However, if it can not be agreed upon, then you would want to go back to court and ask that visitation be imposed by the court, so there is an order controlling, which she needs to comply with. Since there is nothing imposed by the court at this time, you can not force her to allow you more time which the child but you do not have to continue to accept what she is willing to give you and can petition the court for additional time and a set schedule, so you can spend more time with the kids.
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