Q: My ex and I are filing for an uncontested divorce and we have one child. We have split the parenting time 50/50. Can we state that we have joint physical custody? or does one parent have to be the custodial parent?
A: You would technically have what's called "shared" custody, as distinguished from joint custody. The former speaks to access time with the child, the latter speaks to decision-making. If your settlement agreement states shared, joint custody (& it's best to define what you mean by that), then it should be acceptable. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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