Proudmom26
12-01-2007, 07:44 AM
is there a such thing as a parent seeking legal physical custody but sharing what would be known as 'sole custody'? by this i mean make it solid that my daughter will live with me but allow decisions regarding her be made b/w me and her father. i just want to make sure he cant take her away from me physically. hes left once and isnt able to care of a child so young right now. i want to make sure he cant just 'change his mind' on the decision he has already made.
and if so.. how would i go about getting that? is it someting i can fill out and file with the court since me and him have already agreed on this? i just want it on paper and backed by the court.
MomofBoys
12-01-2007, 07:56 AM
Assuming you were not married, is he the legal father of the child?
First you would need to establish paternity. Once that is established, you would petition for joint legal custody, with you being the custodial parent. Regular visitations would be set up.
You would have to file for child support seperately.
Proudmom26
12-01-2007, 08:00 AM
we were not married and he is the father and doesnt deny that. as far as visitation goes thats soemthing that cant be 'set up'. he moved 9 hrs away and comes home whenever possible to see her. its def not something we could have on a set schedule. would that be an issue?
MomofBoys
12-01-2007, 08:11 AM
Paternity still needs to be legally established. This should not be a problem since he does not dispute it. Did he sign an affadavit of paternity?
Either way, you would petition for joint legal custody, and YOU would be named the custodial parent.
Just because he lives far away does not mean you cannot set up a visitation schedule. If you get along (and it sounds like you do) then the wording can be very liberal.
It sounds like you get along, but at the same time, you are worried he may take the child. If your fears are valid, it's best to try and set a visitation schedule and stick to it. For example, Dad gets weekend visitations once per month plus alternate holidays and extended summer time (that's just an example). That way it is set up by the court. If the parties get along, there is always room to make changes to an existing order. But it's in everyone's best interest to HAVE an existing visitation order.