Technical distinction between sole and joint physical custody

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Old Dec 27th, 2010, 03:10 PM   #1
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Confused Technical distinction between sole and joint physical custody

What is the technical distinction between sole and joint physical custody? My husband claims that if I give hin "joint" custody but we still have a specific parenting plan and visitation schedule laid out ther is virtually no difference. Is this true, or is he being deceptive? If we were to make it joint, but lay out a plan that says when he will get our son and stating that all other times are mine, could he use the 'joint' status to legally claim more time, regaurdless? Also, I live in Missouri and my husband recently moved to Iowa. Is it possible to settle this in court without him present? Can his lawyer represent him with a faxed signature or something?
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Old Dec 27th, 2010, 11:04 PM   #2
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Default re: Technical distinction between sole and joint physical custody

I wish to inform you that in joint physical custody each parent has been given allocated a fixed time during which the child stays with that particular parent. In sole physical custody only one parent has been awarded the physical custody of the child. Therefore, if at present both the parents have been awarded physical custody then it is a joint custody. If you intend to modify custody the physical custody plan of the child then you will have to apply to court for modification of child custody. In this regard, your husband may be represented by a lawyer. Further, if the child has to be moved out of the State then it will require consent of both the parents or the Court.

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Old Dec 29th, 2010, 01:08 PM   #3
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Question Re: Technical distinction between sole and joint physical custody

so if we have it listed as joint, but have a set schedule, he cannot take the baby from me in the times that are listed as mine? Is the specified time in joint custody really any different that visitation schedules would be in sole custody? Because we are still trying to solidify a parenting plan and he wants the visitation schedule we have agreed upon but he wants to be listed as "joint physical custody" I don't understand if that is really going to mean anything significant, since we are going to keep the schedule as is.
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Old Dec 29th, 2010, 01:31 PM   #4
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Default Re: Technical distinction between sole and joint physical custody

Joint legal custody means both parents share rights and responsibilities regarding the child. All of them.

Sole means that only one parent has any real rights or responsibilities.

Joint physical means the child lives with each parent 50% of the time each.
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Old Jan 1st, 2011, 03:22 PM   #5
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Default Re: Technical distinction between sole and joint physical custody

Do not use lawyers! They will give you advice which will suck away all your money and will drop you when you done. It happened to me! Use mediation services - they will explain Law and they want happy people to refer somebody back.
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