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#773015 - 02/18/17 04:55 PM Physical custody question
yy15 Offline
recently joined

Registered: 02/18/17
Posts: 3
Hi, my son is barely one years old. I am still nursing him. My soon to be ex husband is living 120 miles away. I moved back to my parent's place when the baby was 3 months old and his dad visits a few hours on weekend for the past year. I am fine with joint legal custody but it makes no sense to have shared physical custody since the child has been living with me 24/7 while his dad can barely prepared a bottle, let alone having a child friendly home of his own. On the other hand, the term visitation right sounds like he only has restricted access to the child which he isn't. Is there are any type of set-ups for custody cases than joint physical custody or sole custody with visitation right? What I am looking for is the child continues to live with me and his dad can visit or take him out for a short outing until the child is older and/or his dad got a better place to called home (he's living in a dump literally).

#773675 - 06/16/17 06:22 AM Re: Physical custody question [Re: yy15]
JamesMBall Offline
recently joined

Registered: 05/24/17
Posts: 2
In a sole custody arrangement, a single parent has both physical and legal custody of the child. You may consult a lawyer like for this issue. He is the one who will be able to solve your query more easily. Because many times in sole custody, other parent may have some problem with the visitation restrictions. Also, you may discuss this with your husband once.

Edited by JamesMBall (06/16/17 06:23 AM)

#773676 - 06/17/17 03:42 PM Re: Physical custody question [Re: yy15]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 880
The legal answer is the court would most likely order for him to have the child every other weekend, and since you moved away, you would be responsible for all transportation costs. Nursing the child is not used as a factor (as it once once). It also doesn't matter that he lives in a "dump" or has limited parenting experience. If those things were true, all poor, first time mothers would lose their kids.

The legal jargon is you would both have shared legal custody with you as the primary custody, with him as the non-custodial parent.

Edited by MinnesotaMom (06/17/17 03:46 PM)


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