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Joint custody but hereinafter mother shall have sole residential and physical custody.does father get overnight visits?
Joint custody refers to decision making rights. Sole residential custody means that the child lives with the mother.
The father's visitation rights should be outlined in an agreement signed by the mother and father and/or in the Court Order - the Judgment of Divorce.
If there is no specific language about the father's visitation rights, this is hurts the father. Maybe this was left out because of the past assaultive behavior. However, the visitation rights should be spelled out.
If the father is not seeing the child and he has rights of visitation, he can go to court to enforce his rights. If the father has no rights of visitation, he needs to establish a visitation schedule through a Court Order.
The first step could be for the father to write the mother a letter, sent by certified mail, return receipt requested and by regular mail, asking for a specific visitation schedule, if a schedule does not exist. If he has a schedule, ask the mother to cooperate with the schedule. If this does not work, the father should go to court and make a petition to enforce his visitation rights.
Good luck
Adam Peretz