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  1. #1
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    Question Award of Custody vs. Visitation

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

    Recently my divorce was finalized. There is a portion that says the plaintiff has custody of the child listed below... and the defendant has visitation...

    Does this mean that the plaintiff has full legal and physical custody?

  2. #2
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    Default Re: Award of Custody vs. Visitation

    You need to have that answered by somebody who can review the actual order. If you had a lawyer, ask your lawyer. If you did not, it could be an instance of poor drafting by pro se litigants.

  3. #3
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    Default Re: Award of Custody vs. Visitation

    Quote Quoting muneca
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    My question involves a child custody case from the State of: New York

    Recently my divorce was finalized. There is a portion that says the plaintiff has custody of the child listed below... and the defendant has visitation...

    Does this mean that the plaintiff has full legal and physical custody?
    I agree that its poorly worded, but it certainly implies that the plaintiff has full legal and physical custody since it mentions only visitation for the defendant.

  4. #4
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    Default Re: Award of Custody vs. Visitation

    Quote Quoting llworking
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    I agree that its poorly worded, but it certainly implies that the plaintiff has full legal and physical custody since it mentions only visitation for the defendant.
    What text was omitted where the OP used ellipses?

  5. #5
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    Default Re: Award of Custody vs. Visitation

    Quote Quoting Mr. Knowitall
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    What text was omitted where the OP used ellipses?
    That is a valid point.

  6. #6
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    Default Re: Award of Custody vs. Visitation

    Here is the portion from the decree:

    Ordered and adjudged that plaintiff shall have custody of the minor child(ren) of the marriage, (child’s name and information here).

    The requirements of D.R.L. 240 1 (a-1) have been met and the court having considered the results of said inquiries, it is ordered and adjudged that defendant shall have visitation with the minor child(ren) of the marriage according to the following schedule: as plaintiff and defendant have mutually and amicably agreed, at defendants reasonable and timely request.

    I did ask my attorney and he stated that as per the child support order the plaintiff is the custodian. When I reviewed the child support paperwork from the court, the term custodian is used but there is no mention of legal, physical, sole or joint custody at all.

  7. #7
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    Default Re: Award of Custody vs. Visitation

    Quote Quoting muneca
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    Here is the portion from the decree:

    Ordered and adjudged that plaintiff shall have custody of the minor child(ren) of the marriage, (child’s name and information here).

    The requirements of D.R.L. 240 1 (a-1) have been met and the court having considered the results of said inquiries, it is ordered and adjudged that defendant shall have visitation with the minor child(ren) of the marriage according to the following schedule: as plaintiff and defendant have mutually and amicably agreed, at defendants reasonable and timely request.

    I did ask my attorney and he stated that as per the child support order the plaintiff is the custodian. When I reviewed the child support paperwork from the court, the term custodian is used but there is no mention of legal, physical, sole or joint custody at all.
    If you look at the plain language it says "plaintiff shall have custody" and "defendant shall have visitation". With no other information to indicate that the defendant has any kind of custody, the implication is that the plaintiff has sole legal and physical custody.

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