Is it true , joint legal custody with me having final decision and sole physical custody with me,the same I have sole custody?

Asked 11 months ago - White Plains, NY

Is it true that there is no difference between( joint legal custody and with me having final decision making,also I have sole physical custody)=( sole custody ) ? My lawyer told me they were almost the same mean! Please give me the honest answer, I am very appreciated .thank you !

Attorney answers (5)

  1. David Ivan Bliven

    Pro

    Contributor Level 19

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    Answered . Not the same thing. There are 2 forms of joint custody: the first I call traditional joint custody, in which both parents must not only consult each other on decisions, but also must reach agreement. The second form is what I term a hybrid of joint custody, in which the parents must consult each other, but the custodial parent has final decision-making. This is all contrasted with sole custody, in which there is no obligation to each consult the other parent - one may make the decisions & essentially just let the other parent know of the decision that was made. For a full assessment, schedule a consultation with a White Plains Child Custody lawyer.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
  2. Howard A. Schwartz

    Contributor Level 19

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    Answered . They are almost the same. With joint custody there is supposed to be some discussion regarding life issues of the child including, but not limited to, education and health. The custodial parent has final say but issues that are not agreed upon could end up being litigated. Good luck.

    This answer is only for informational purposes and is not meant as legal advice.
  3. Ernest DuBose

    Contributor Level 14

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    Answered . They are really the same

  4. Maria C. Tebano

    Contributor Level 15

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    Answered . Joint legal custody is when parents share the decision making regarding what's best for the child. Sole custody, is when one parent makes the decision regarding what's best for the child without having to discuss issues with the other parent. If you have joint legal custody with the final decision being yours, that means that you must discuss what's best for the child with the other spouse and if they disagree, the final decision is yours to make. So its really considered a modified joint legal custody arrangment.

  5. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    Answered . There's some semantics going on with "sole physical custody". If the Non-custodial parent gets ANY visitation or parenting time, that's also known as "shared physical custody".

    Difference and reason for semantics, it makes the NCP who's paying 100% of the support payments feel like a bit less of a loser, it's optics and eyewash.

    But if you like giving the NCP a sharp poke in the eye and making him (usually a him, but technically gender neutral) see red, be sure to refer to it as "sole physical custody". :-)

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more

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