Friday, February 21, 2014

Joint Custody Question

Q:  The paperwork my ex's lawyer presented to me (i am pro se) states that my ex and I have joint custody. It does not specify who has physical custody or legal custody….it only states "joint custody". My ex and I have equal access. My child is with me during earning morning until late in the evening and then sleeps at my ex's at night. Since neither of us states who has physical custody….does that mean we both have a shared custody situation?

A:  David's Answer:  If phrased as such, it's a poorly written order. Joint Custody speaks to decision-making - it does not speak to where the kids live. The order should either say "joint & shared custody" or it should say "joint custody with primary physical residence to ________." Schedule a consult with a Westchester Child Custody lawyer for a full assessment.   -- David Bliven, Westchester Family Law attorney (

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