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What are my rights as 50/50 custody?

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  • What are my rights as 50/50 custody?

    Hello:

    I'm going to mediation as per court order, I'm seeking 50% custody of my kids. What are my rights with regards to care, school, health, Child support payments, etc.? I don't want to be taken for a ride, so I want to have this knowledge so that I can defend myself and know what to fight for.

    Is there a website that I can look at? Anything will help

    Your help is greatly appriciated.

    salsero12

  • #2
    There aren't a lot of rights involved here either in the literal sense of anything constitutionally protected, or in a practical sense of being able to expect a consistant decision every time.

    The courts will put the rights of the children ahead of the rights of the parents.

    There are two aspects to this. Joint custody means decision making. Usually refering to education, religion and medical issues.

    As a parent you do have a right to information about your child even if you don't have legal custody, but it can be an uphill battle to get access to this information. You should get a copy of report cards, but that doesn't mean you will. If there is sole custody awarded to the other parent, you should ask that the order state that medical information and educational information be made available even if you aren't involved in decision making.

    Shared parenting refers to time with the children between 40-60% with each parent.

    You can have:
    • Joint custody and shared parenting
    • Sole custody to one parent, and shared parenting
    • Joint custody and over 60% of time with one parent (refered to as "Physical custody" in some jurisdictions)
    • Sole custody and Physical custody to either parent
    How this all works out is argued from the perspective of "best interests of the child". In practice, the status quo (the things have been done so far) will determine this. If the mom was stay at home and the dad worked, then shared parenting will be an uphill battle. Joint custody (decision making) will still be possible.

    The primary argument against joint custody (decision making) is if the parents don't get along, especially if there is a history of abuse. This has to be shown, not just claimed. If one parent is antagonistic and unco-operative, and tries to seek sole custody, it can backfire and sole custody will be granted to the other parent.

    In all situations, you need to show reasons for what you want.

    Comment


    • #3
      Thank you so much for the information, it does helps a lot

      salsero12

      Comment

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