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I have been award sole physical custody, but the other

parent is prosing spending 45%...
I have been award sole physical custody, but the other parent is prosing spending 45% of the calendar year with our son. Is this legit?
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Answered in 5 minutes by:
3/16/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

They can propose anything they want, but if the custody order granted you sole physical custody, you don't have to give them that much time. You're only bound by what the court documents say. How is the custody arrangement laid out in the order?

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Customer reply replied 4 months ago
Joint Legal and I have sole physical, pending the order following trial. I understand 25% is like the minimum presumption, but is there a maximum percentage before it turns into the label of joint physical?

Joint doesn't have to mean 50/50, so there isn't a set percentage that changes automatically. But if you did change to 55/45, there's a good chance the judge could change it to joint physical custody.

You're not under any obligation to change the parenting schedule simply because the other parent asks you to. You can go to court and force them to prove that the change is in the best interests of the child.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
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