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Joint Custody Parent: Rights and Responsibilities

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  • Joint Custody Parent: Rights and Responsibilities

    1. Legally speaking, what are the rights and responsibilities of the parent who is not the primary caregiver in joint custody?

    2. Can the other parent have the rights without fulfilling the responsibilities????

    3. Can I ask for sole custody if that parent isn't fulfilling their responsibilities?

  • #2
    Can the other parent have the rights without fulfilling the responsibilities????
    See blurb below.......(this might not be the case in your situation, but it does happen hence the reason the point is being made)

    It is important to examine the circumstances that lead to failure to exercise access in order to develop effective approaches to this problem. Failure to exercise access may follow from denial or discouragement on the part of the custodial parent. For example, in Dombroski v. Dombroski, the father stopped exercising access because the custodial mother unreasonably required that all access visits take place at her residence.<sup><sup>(161)</sup></sup> In McNair v. Tetrault, the mother failed to fully exercise her interim access rights but this was not held against her in the custody determination because the father was at fault for failing to facilitate the access visits—when the father stopped providing transportation for the access visits, the mother was unable to exercise access without substantial difficulty.<sup><sup>(162)</sup></sup>
    Can I ask for sole custody if that parent isn't fulfilling their responsibilities?
    Ask yourself this question.....is this going to be in the child's best interest? Try to look past now, and think 5-10yrs from now. Some people fail to see this, and by the time they realize what they've done...the damage is already done

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