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What Type of Custody Do I Have

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  • 12-18-2011, 04:07 PM
    abugirl
    What Type of Custody Do I Have
    My question involves a child custody case from the State of: Ohio

    My ex and I have a 6 year old daughter. We were never married and separated prior to her birth. A support order has been in effect since she was 10 months old. Over a year ago he took me to court for custody and visitation. I retained an attorney and, after months of court dates, my ex and I came to an agreement minutes prior to our fact finding court session. The process took over a year and the agreement was made in the presence of my attorney (my ex. represented himself), the GAL, and the social worker. It was presented to and accepted by the judge and has been made official. The wording in the order makes me wonder what type of custody I have - ie.joint legal, primary, sole, physical, ect. and what type of custody has he been awarded? Not sure how much of the order to include, so I just decided to copy everything related to custody and companionship time. The order states the following:

    1. Plaintiff is here by named the biological father of minor child

    2.Defendant shall be the primary legal custodian of the minor child

    3.Both parties shall have a valid driver's license and not commit any illegal activities. The parties shall not use alcohol in the presence of the minor child. In the event that either party does not have a valid driver's license or has committed illegal activity, the other party shall be notified within 24 hours. In the event that Father does not have a valid driver's license, then the transportation shall be modified to accommodate the Father's companionship time. Supervised visits shall be conducted, if necessary.

    4.Father shall have bi-weekly companionship time with the minor child on Sundays from 9am to 6pm. Effective January 2012 Father shall have bi-weekly overnights from Saturday at 5pm until Sunday at 5pm. Effective April, Father shall have standard parenting schedule for his alternating weekend companionship time, unless the parties do not agree to proceed with the standard parenting time schedule. Neither party shall unreasonably withhold his or her consent to proceeding with the standard parenting time schedule. Father shall also have mid-week companionship time on a mid week following the weekend of his parenting time from 530-730 on a mutually agreed upon day. Said mid-week shall be bi-weekly and not every week. During said mid-week companionship time, Father can attend the minor child's activity or enjoy companionship time in the minor child's city of her residence. In the event that Father is unable to have a mid week companionship time, then Father shall have a telephone call with the minor child on Wednesday evening.

    5. The parties shall communicate every Sunday evening by way of email. Mother shall initiate an email in regards to the minor child. Father shall respond to said email within 24 hours.

    6.The party receiving the minor child shall provide for transportation.

    7.Deals with holidays (no questions here)

    8.Deals with holidays

    9.Deals with past due medical expenses and their payment

    10. Deals with support order

    My other question is, does this order allow for Father to come to our daughter's events that take place on days outside of his companionship schedule? Must access to school, medical, and legal records be provided, based on the order?

    Thank You for your help, in advance
  • 12-18-2011, 04:13 PM
    Dogmatique
    Re: What Type of Custody Do I Have
    Yes, Dad can come to any of your daughter's events even if they're outside of his parenting time.

    Since he's the legal father, he is entitled to school and medical information even if it is not specifically outlined in the order. (There are Federal laws dealing with those issues).

    You basically have joint legal custody (decision making), with you being the primary custodial parent. Dad seems to have a graduated visitation schedule leading up to the normal visitation after a period of time.
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