Question about an order of custody and visitation.?
I have this in front of me and it says,,,,, ordered that the mother is awarded custody of the 2 infant children and it is further ordered that the father shall have supervised visitation at such times and places that the parties mutually agree,,,, , supervised by mother or granmother. ect
My question is, what kind of custody does the mother have, physical, sole?? and what is the difference. It was joint custoday before this.
Answer:
From the information you posted, it cannot be determined if you continue to have Joint Custody.
I have seen situations where joint custody is ordered but the Father has supervised visitation.
More information would be helpful.
You have full custody. Joint custody means he can take the children and not be charged with kidnapping or anything. He is only permitted supervised visitation, other than that he has no rights.
Since you are editing what it says in the order, answers you receive here may not be accurate at all.
Based solely on what you say, and guessing as to what the order says, it sounds like sole physical custody has been awarded to mother. Nothing you have given in your question helps to determine who has legal custody.
Legal custody and physical custody are two different things. Father could still have joint legal custody.
If you want accurate answers, have the complete order reviewed by a lawyer.
EDIT ON YOUR ADDITIONAL INFO--If it says "upon consent and agreement of parties and their respective attorneys", then there is more to this than appears on the order itself. The parties and lawyers are expected to know what that agreement is. If the party is unclear, the party should ask the party's lawyer for clarification. That's why parties have lawyers.
From my experience...you should have the custody meaning they will live full time with you...sole physical ...not direct access anytime he wants.He can not take the kids from you for days unless you are are willing to live beside where he lives which is a moron, of course.
His only right is to visit them with supervisions(meaning you are all the time present while he is visiting) at both your agreed time, day and place.
Joint custody is that kids live part time at your place and part time at his.Divided and separate living schedule for kids is not the best...but he still has to be around to be a father figure to them,no matter how little time he is allowed.
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