Residential Parent and Legal Custodian

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Old Jun 23rd, 2011, 06:50 PM   #1
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what does it mean when it says the other parent continues to be the residential Parent and legal custodian of the minor child herein... what exactly does this do for my ex? she has this in the parenting order... should i allow this? (ohio)
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Old Jun 23rd, 2011, 09:37 PM   #2
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what does it mean when it says the other parent continues to be the residential Parent and legal custodian of the minor child herein... what exactly does this do for my ex? she has this in the parenting order... should i allow this? (ohio)
She has sole custody from what you state in your question. She, by that language has the sole discretion for the parenting of the children and you, I assume, have visitation rights.

The judge ordered it so if you oppose this arrangement, want joint custody, or to change residency, you have to apply to the court to modify (change) the order.
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Old Jun 23rd, 2011, 10:31 PM   #3
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what does it mean when it says the other parent continues to be the residential Parent and legal custodian of the minor child herein... what exactly does this do for my ex? she has this in the parenting order... should i allow this? (ohio)
Residential parent means the child primarily resides with that parent. Legal custodian simply means she has legal custody of the child. It does not mean that person is the sole legal guardian or that is what the order would implicitly state.

What is your legal custodian status? What does it say in the other about your role?

Should you allow it? It depends on how much you want to be able to make legal and day to day decisions in your child's life.
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Old Jun 24th, 2011, 07:34 AM   #4
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Default Re: Residential Parent and Legal Custodian

they judge didnt order that, its what she purposed to me... i dont have any visitation what so ever... we are going to court for the 3rd time now since december.
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Old Jun 24th, 2011, 07:38 AM   #5
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Her proposal is not in line with the current philosophy of both parents being involved in parenting the children. The current practice is to order joint custody, with residential custody with one parent or the other.

As to denying visitation completely, that does not fly unless the other parent is a clear and present danger to the child. Even if there are questions about the parent's conduct, supervised visitation is then ordered. Visitation with their parent is right of the child, not just the parent.

To go without seeing one's child for at least six months is irregular, harmful to the child for being deprived the parent -- and unless there are some facts you have not set out -- like a severe drinking or drug problem or other conduct that is dangerous to the child, then something is amiss, seriously amiss for the court not having made a temporary custody decree with visitaiton according to the state's recommended schedule.

If you do not have counsel I would strongly urge you to get representation. You need a good lawyer.

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Old Jun 24th, 2011, 08:02 AM   #6
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Default Re: Residential Parent and Legal Custodian

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When a court intends to make a joint custody order that is the language they use "joint custody." When the order says 'legal guardian' that means the person is sole guardian, sole custody,
unregistered's' interpretation notwithstanding.

Presumably there is visitation in that order. If one disagrees with the order, the remedy is to make a motion to the court to modify that order to joint custody. "Allow it?" You have no choice at this point in time because the court has ordered it. Unless and until that order is changed, you have to abide by it.

This is a repost of my reply posted at approx. 7 a.m. EDST today.

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Really now? I guess my brother's custody order is somewhat ambiguous then.

Why do some registered posters continue to come back to the same thread over and over again when they've already provided an answer? If they're such "legal experts", why would they question their own information and why would they feel the need to bolster their opinion with multiple backup posts when someone else provides different, more legally accurate information?

One would think their "expert" advice would stand alone and not need further bolstering and one would think these "legal experts" would have confidence in people being able to pick out what's legally accurate and what's not.

OP: No, you should not allow that. Her proposal gives her more parental power than you. That's unacceptable. Your child deserves both parents to be looking out for his/her best interest.

Hire an attorney who will work hard to ensure you maintain your parental rights.

DO NOT sign anything or agree to anything with your ex outside of an attorney's approval.
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Old Jun 24th, 2011, 08:06 AM   #7
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Children do not have rights. If they did, they'd get to choose whether they go to school or not, what they're going to eat for breakfast, where they're going to live, etc. I think anyone living in reality understands this.

They also would not be forced to put up with child abuse or any other atrocity visited upon them.

Still want to purport that children have rights?
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Old Jun 24th, 2011, 08:28 AM   #8
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i dont see my daughter bc i have another girlfriend and for that reason only.. i have been dating her over a year and she dont want her around my daughter neither of us have drug problem abuse problem or criminal.. the judge didnt grant any visitation bc they want us to be able to work it outside of the courts.. and he said next time she comes in and doesnt have something worked out he is going to work it out for us.. she holds my daughter over my head for the time being because she can.. i have a lawyer but its just a bunch of back and forth stuff so i think its best we let the judge decide.
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Old Jun 24th, 2011, 09:30 AM   #9
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i dont see my daughter bc i have another girlfriend and for that reason only.. i have been dating her over a year and she dont want her around my daughter neither of us have drug problem abuse problem or criminal.. the judge didnt grant any visitation bc they want us to be able to work it outside of the courts.. and he said next time she comes in and doesnt have something worked out he is going to work it out for us.. she holds my daughter over my head for the time being because she can.. i have a lawyer but its just a bunch of back and forth stuff so i think its best we let the judge decide.
Fire your attorney if he's not doing his job for his employer - namely you.

The judge isn't deciding is it? He's telling you two to decide. That's when you speak up and say, "but judge, my child's mother is making up immature and hardly loving rules for our child by attempting to alienate me from my daughter simply because someone else loves me instead of her. My child deserves all the love she can get in this world. As you well know, the world can be a cruel cold place and I want my child to have as much love and security as possible. Please hold my ex in contempt for indulging in parental alienation."

Really now. It's time to take the bull by the horns wouldn't you say? How long are you going to allow your ex to pus sy whip you?
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Old Jun 24th, 2011, 09:41 AM   #10
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This time I will The other court hearings were pre trial.. this one is the real thing, she has given me some visitation but only under the stipulations that no one is present except for me and for only 3 hours at a time.. she doesnt want me to have any over night visits.. doesnt want me to be able to take my daughter 1 hour away from her residence..
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