Results 1 to 6 of 6
  1. #1
    Join Date
    Dec 2013
    Posts
    833

    Default Child Custody Definitions - Sole Custody, Joint Custody and Shared Parenting

    My question involves a child custody case from the State of: Ohio

    My husband and I have been pursuing a dissolutionment for the last six months or so. Originally, I purposed the idea shared parenting, with a couple of stipulations, since for the most part we get along with regards to our daughter. I wanted to make sure that we had the Right of First Refusal in there as my husband is an over the road truck driver. I felt that if he was going to be out of town durning his time, then our daughter should come back to me. The same would be applied to me in the event I was ever to be out of town without our daughter. He agreed. Other than that, I purposed that we would make decisions together for both legal and medical. He didn't respond to the part about Right of First Refusal or to the part about making decisions jointly.

    Moving forward in the negotiations, I proposed that that the weekday parenting time which include every Wednesday at 4pm to Thursday at 9am, and every other weekend from Friday at 4pm until Monday at 9am, be extended to 5pm on Thursday and Monday. The idea behind this is the way it was before, if our daughter was sick and needed to miss school, I would always have to be the one to take off work. When we spoke of this as part of the plan, he agreed, however, when we got the proposal back from his lawyer, he actually disagreed, and kept his end time at 9am.

    In addition to this, he has also agreed that I would be the primary residential parent. I then purposed that while we would work together to make decisions in the best interest of our daughter, that if in the end we came to a stalemate, that I would have final say regarding school and medical. He agreed. He seems to be perfectly happy with just the minimum visitation that is required by our county, and not asking for anything more. Infact, he keeps giving things to do with responsibility away, and is only arguing about the division of assets and debt. His letters routinely say, "My client is in agreement with regards to the proposed parenting plan for "Daughter's name."

    My question is this. When I am looking at the definitions of sole custody, vs joint custody, vs shared parenting, I get very confused. It sounds to me like this situation above isn't really shared parenting at all, and I don't intend to force him to be more involved then he wants to be. If he wants to keep turning down the actual responsibilities of being a parent, then that is his issue, and I will just pick up the slack. But I would be more comfortable if the wording in the paperwork reflected the actual senario that is being proposed. I feel so dumb asking this, but in layman's terms, what is the difference between those three terms (Sole custody, joint custody, shared parenting)? And what would be my basic rights as her parent under each of them?

    As always, thank you for your time.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,497

    Default Re: Child Custody Definitions - Sole Custody, Joint Custody and Shared Parenting

    Quote Quoting readytoleave
    View Post
    My question involves a child custody case from the State of: Ohio

    My husband and I have been pursuing a dissolutionment for the last six months or so. Originally, I purposed the idea shared parenting, with a couple of stipulations, since for the most part we get along with regards to our daughter. I wanted to make sure that we had the Right of First Refusal in there as my husband is an over the road truck driver. I felt that if he was going to be out of town durning his time, then our daughter should come back to me. The same would be applied to me in the event I was ever to be out of town without our daughter. He agreed. Other than that, I purposed that we would make decisions together for both legal and medical. He didn't respond to the part about Right of First Refusal or to the part about making decisions jointly.

    Moving forward in the negotiations, I proposed that that the weekday parenting time which include every Wednesday at 4pm to Thursday at 9am, and every other weekend from Friday at 4pm until Monday at 9am, be extended to 5pm on Thursday and Monday. The idea behind this is the way it was before, if our daughter was sick and needed to miss school, I would always have to be the one to take off work. When we spoke of this as part of the plan, he agreed, however, when we got the proposal back from his lawyer, he actually disagreed, and kept his end time at 9am.

    In addition to this, he has also agreed that I would be the primary residential parent. I then purposed that while we would work together to make decisions in the best interest of our daughter, that if in the end we came to a stalemate, that I would have final say regarding school and medical. He agreed. He seems to be perfectly happy with just the minimum visitation that is required by our county, and not asking for anything more. Infact, he keeps giving things to do with responsibility away, and is only arguing about the division of assets and debt. His letters routinely say, "My client is in agreement with regards to the proposed parenting plan for "Daughter's name."

    My question is this. When I am looking at the definitions of sole custody, vs joint custody, vs shared parenting, I get very confused. It sounds to me like this situation above isn't really shared parenting at all, and I don't intend to force him to be more involved then he wants to be. If he wants to keep turning down the actual responsibilities of being a parent, then that is his issue, and I will just pick up the slack. But I would be more comfortable if the wording in the paperwork reflected the actual senario that is being proposed. I feel so dumb asking this, but in layman's terms, what is the difference between those three terms (Sole custody, joint custody, shared parenting)? And what would be my basic rights as her parent under each of them?

    As always, thank you for your time.
    Sole custody means that the custodial parent has all decision making rights and the non-custodial parent simply has visitation.

    Joint custody can be joint legal custody (joint decision making) or joint legal and physical custody.

    Here is a definition that I found for shared parenting:

    Ohio uses the term “shared parenting” for what is formerly referred to as “joint custody.” This means that the courts allocate the parental rights and responsibilities for the care of the children to both parents – both of whom will be actively involved in making important decisions concerning the child’s upbringing. It does not necessarily mean that it is an equal split, however, in terms of time spent with the children, financial support, etc. When an Ohio family court approves a Shared Parenting Plan, both parents have the legal status of being a “residential parent.”

  3. #3
    Join Date
    Dec 2013
    Posts
    833

    Default Re: Child Custody Definitions - Sole Custody, Joint Custody and Shared Parenting

    Thank you so much. I wish all the legal stuff was as concise as that. But, that is one of the many reasons why we have lawyers. Thank you again llworking.

    That brings me to my next question. It seems like when he says that I can have final say in decisions that it would be like he is giving me sole custody. Can you have "shared parenting", and still have one parent have the final say in decisions as part of the dissolution?

  4. #4
    Join Date
    Oct 2006
    Posts
    15,497

    Default Re: Child Custody Definitions - Sole Custody, Joint Custody and Shared Parenting

    Quote Quoting readytoleave
    View Post
    Thank you so much. I wish all the legal stuff was as concise as that. But, that is one of the many reasons why we have lawyers. Thank you again llworking.

    That brings me to my next question. It seems like when he says that I can have final say in decisions that it would be like he is giving me sole custody. Can you have "shared parenting", and still have one parent have the final say in decisions as part of the dissolution?
    Yes, you can, and its not as uncommon as it might sound. It can also avoid problems down the road. You are still supposed to try to come to an agreement with the other parent on decisions, but you have the final say if you cannot agree.

  5. #5
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Child Custody Definitions - Sole Custody, Joint Custody and Shared Parenting

    Yes. The order can say something like "Both parents will share equally in decision making. In the event that both parents cannot agree on something, then parent A will have the final say."

  6. #6
    Join Date
    Dec 2013
    Posts
    833

    Default Re: Child Custody Definitions - Sole Custody, Joint Custody and Shared Parenting

    Thank you very much for your insight, both of you. It is very much appreciated.

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: Can My Ex- Get Joint Custody Despite Award of Sole Custody Pending Trial
    By boynton in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 07-15-2013, 05:41 AM
  2. Modification of Custody: Do I Have a Chance to Change from Joint Custody to Sole Custody
    By lmerchant2001 in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 05-23-2013, 04:53 AM
  3. Custody and Visitation Issues: Going from Joint Custody to Sole Custody As an Unwed Mother
    By Slyn in forum Child Custody, Support and Visitation
    Replies: 12
    Last Post: 07-03-2012, 11:32 PM
  4. Enforcing Custody Orders: What Does it Mean to Have Sole Physical and Legal Custody and Liberal Visitation
    By ferrell101 in forum Child Custody, Support and Visitation
    Replies: 13
    Last Post: 03-29-2011, 05:49 PM
  5. Need Passport But Have Joint Custody / Want To Change To Sole Custody
    By TN_help in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 02-06-2008, 06:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources