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I have joint legal custody, but ex has primary physcial custody so does that make her the primary contact person?

+3 votes
Former wife is telling me that I am not the primary contact person because she says she is the "custodial parent".  Just curious what my rights are when it comes to school, doctor visits and other areas -- seeing we have joint legal custody.  She keeps playing that "custodial
asked Aug 1, 2013 in Divorce by SINGLEDAD Newbie (120 points)
   

2 Answers

+3 votes
Joint custody means sharing the life of the child to assure the child's needs are met. Someone has to be top choice in who has the physical custody of the child. The court decides which parent is better equipped, suited, available to primarily raise the child. The decision of the primary custodial parent uses that criteria but medical insurance, school enrollment, child support is determined by the court. It is documented. Get yourcopy and red it. Summer vacations, holidays or relocation of the primary custodial parent should have also been documented. Any changes to the non-custodial parent's circumstances that would need to be reviewed should be discussed between both parents and the court should receive a letter of anything either parent does not abide to.
answered Aug 2, 2013 by The.Sage Inquisitive Expert (93,460 points)
+5 votes
The "custodial parent" is the contact person.  However, if your settlement agreement states that you share custody (meaning you have visitation rights, the right to join in decisions regarding the child's health, education, etc.), then you make such decisions JOINTLY.  Just because your child lives with your ex-wife (which is what usually happens in a divorce), you have rights as well, especially visitation rights.  You must abide by the settlement agreement, but if your circumstances change (like losing your job), you need to petition the court based on "a change in circumstances."  I hope I answered your primary question.
answered Aug 9, 2013 by PattyJo Newbie (140 points)

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