Joint Legal Custody Vs Physical Custody

[wilbart]

Very good morning- I'm a new comer to this web site, so please forgive me if this was currently asked... I've seasoned implies of breakup with my ex for yesteryear 3 years.  Courtroom is Richmond County, NY.  We entered into an agreement in September 2008 with Joint Legal Custody, with my ex obtaining actual custody as I live in Westchester County and my ex and my daughter live in Staten Island.  Our agreement states that we're to generally share all college holidays/trips, even though this season my ex hasn't discussed something.  My ex informs me that she's likely to be with our daughter, nonetheless when I get in touch with to talk with her (she's five yrs old) she Is normally in the care of her grandparents not my ex.  For instance, the contract says that my Easter Holiday begins Holy Thursday-Easter Sunday... Nevertheless, my kid doesn't have college tomorrow (Wednesday).  I asked my ex if she was operating on Wednesday, she said yes.  I asked her where our daughter would-be, she stated with grandparents.  I asked if I could choose our daughter up on Wednesday, she said no.  My spouse is just an officer in Ny, and since she leaves your house so early to be capable to be at operate, my daughter often rests at her grandparents home in the place of at her parents house. Could she deny my privileges while the father, regardless of the truth that my youngster will not sustain her remedy and we've Joint Legal Custody?  Does she have the ideal to delay her parenting duties to her parents to my exemption?  Aid!!!

[Montez]

If your order does not stipulate correct of 1st refusal and that is not your ordered specified time with your kid, yes, she is totally at will to have her parents watch the youngster.

[Kelley]

When the order makes it possible for you X and she's declined X then why have you not sought sanctions and administration via judge for breach of the order.   Its not usually correct that she have to reveal child when she's not there-but its a place you may well enhance and ask judge to-order that you get appropriate of very first-refusal which she need to improve state 24 hours ahead of time.

[Aponivi]

It just stipulates first right of rejection for our birthdays and daughteris birthday.  But I did not understand that our daughter could remain for sequential days/evenings at her grandparents home (Tues - Fri) every week, when I could give a more secure home environment for her and be with her every night.  Our ex functions from Wed-Sat from 7am to 7pm.  I work M-F from 8am-4pm  Our kid is dropped off at 7:30pm on Tues night to her grandparents home and not acquired again till Sat.  Our ex prevents by grandparents home to express goodnight to the daughter at 8pm, Subsequently would go to her house three blocks apart. If that's the situation, then what's the purpose of Joint Custody if I can't get our child when she's not and hasn't experienced the care/custody of my ex?  

[boase65]

"If that's the situation, then what's the purpose of Joint Custody if I can't get our daughter when she's not and hasn't experienced the care/custody of my ex?" I believe perhaps you are complicated joint legal custody with physical custody.  Shared legal custody means that both parents must certanly be included with any legal decisions concerning the child (decisions on schooling, faith, health-related decisions, etc.).  It's no bearing on the physical custody.  As others have suggested, if your wish will be in a position to have the chance to actually parent the child during situations Once the other guardian is unavailable to take action, outside the visitation plan, this really is often resolved by&nbsp... the Right of First-Refusal per courtroom order.  ROFR indicates that if the parent who's scheduled to have the child is accessible for a particular period of time (which differs per purchase...but usually is just a long term period such as 4 hours, 8 hours, immediately, etc.), then the non-scheduled parent must certanly be provided the chance to parent that child first.  When the non-scheduled parent is not capable (or decides to not), only then may the scheduled parent location the child within the treatment of an alternate caregiver (such as grandparents, babysitters, daycare, etc.).  Your showing that you only have ROFR for birthdays appears a Touch odd.  Have you been certain this is the way the decree/parenting strategy says?    

[Lamar]

Well, as this community has confirmed more often than once...there are odd things written into breakup decrees.  From what you've discussed, it certainly seems as if the ROFR applies simply to the birthdays if the "planned" guardian is unavailable.  "We've submitted an Order to Exhibit Cause since my ex has continued to break the agreement.  However, the annoying part is the contract says we're to generally share her days off from college, but I've not gotten ANY days off with my daughter." You might want to consult your lawyer to determine if itIs possible to review the ROFR Vocabulary and allow it to be relevant to any moment the planned guardian is unavailable, in the place of simply about the birthdays.  Visitation contracts are often susceptible to change, and when the ex includes a time-table such as for instance you've explained, you may have quite a good chance at it.  best of luck!

[Braeden]

Within The draft of the agreement, the ROFR was within the unique document.  That draft agreement was composed by my attorney.  About The day that we met in her attorney's office, her attorney had produced another draft that was for the absolute most part exactly the same record, without the ROFR and additional small details, which used to do not understand until that night when I returned home.  We'd previously authorized the agreement.  I was assured by my attorney that it was a clerical mistake and could be rectified.  there has been several subsequent addendums but my ex's attorney set ROFR alongside the phrase where it covers birthdays. "The parties shall discuss the childis birthday.  Either party shall have the best of first-refusal to become using the child on her birthday when the other parent is unavailable" Within The initial record, the "on her birthday" wasn't there. I understand that I must have examined the record inside it's entirety just before signing, however, it's been an extremely emotional experience, and never believed that my ex might keep our child from me. We've submitted an Order to Exhibit Cause since my ex has continued to break the agreement.  However, the annoying part is the contract says we're to generally share her days off from college, but I've not gotten ANY days off with my daughter.

[hadar]

I simply desired to thank everybody due to their time and views... I'm trying to possess the vocabulary responded within our forthcoming reading... and expect that it'll range from the ROFR, since it was something that we discussed at length. Today I've another issue... I'd advised the school that I'll be picking my child up from school at termination (11am).  She attends a parochial school in Staten Island.  Our ex evidently delivered a letter to the school, telling them-not to release my child to me, but instead to her parents only.  The school principal has advised me that they (the school) accounts for my child and may thus choose which parent to release the child to.  I've never heard about this type of plan, particularly because we've shared custody and no additional order precluding my privileges. The main continued to express that my ex had supplied a copy of the percentage of our decree that describes the visitation plan, although not the part about Joint Custody. I had been underneath the impression that colleges consider only custody and guardianship issues into consideration, and that judges, attornies and courts interpret contracts... Is that this primary proper in her view of denying my child and delivering my child to my ex's parents (since my ex is functioning) to my exemption?