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What exactly is joint legal custody, and what can a parent do and cant do when you have it?

Rochester, MN |

i share joint legal custody, i have sole physical custody. the mother has taken it upon herself to think she has joint physical custody and is luring the children away from my home, and calling and bothering the school and trying to set up appointments for the children without my consent. what exactly can she and cant she do? i know the legal definition of legal custody, but it doesnt really say what exactly a person can do that has it? What would need to be done to remove this other parents legal custody?

Attorney Answers 2

Posted

As you may know, there are two types of custody: Legal and Physical.

Legal custody refers to the right of the parents to participate in important decisions in the lives of their child(ren). This specifically includes decisions related to schooling, medical care, religion, extra-curricular activities and other important events. There is a very strong presumption under Minnesota law that these responsibilities should be shared by the parties. The only time that legal custody is not shared is when the parties demonstrate a complete inability to communicate or where there has been domestic abuse.

Physical custody is what most people think of when they hear the term custody. It refers to the primary physical residence where the child will live. There is a presumption under Minnesota law favoring sole physical custody to one parent or the other. This presumption is based upon psychological studies that have indicated that children respond better when their physical environment is consistent.

Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com

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Asker

Posted

in this case i have an ofp against the mother, so contact is not possible. there has been domestic abuse as far as drug abuse around the children and also there has been ofp violations.

Posted

Legal custody deals with making major decisions for a child. That does not include such things as bedtime when with the other parent or how much TV to watch. It does include what medical proceedures will be done and what school the child will go to. She has the right to get information from the school as they would be part of the decision making process to decide what scholl the child should go to or if extra help is needed. Setting up appointments without telling you in advance is improper. As for removing joint legal custody you would have to go back to court to change your order. Speak with a local attorney about your specific facts to see if there is enough to break the joint legal custody arrrangement..

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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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Asker

Posted

the judge didnt take any considerations in his decision making. it was almost lunch time and he rushed a case out the door, just to end the bickering of the ex wife and myself over issues. he proceeded to allow a drug infested abusive person free access to children, and ive now had to deal with children missing school and counseling because of it.

Lawrence Allen Weinreich

Lawrence Allen Weinreich

Posted

You don't indicate when this happened. If you can prove your ex is on drugs and missing school because of what she is doning, you should be able to go back into court for a modification. You really need to sit down with a local attorney and go over all of the facts in your case and see what proceedings to bring at this time and what proof you will need.

Asker

Posted

the ex is on drugs, but is not on court ordered urine testing which the guardian ad litem said she should be. she has been telling the daughters to miss lots f school so "they get taken away" this is not recorded or anything, but its quite obvious after 1 visit this behaviour started.

Lawrence Allen Weinreich

Lawrence Allen Weinreich

Posted

All this will be discussed in court. Either you or your attorney can request the drug testing again.

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