Maryland  |  Family Law

Legal Question

Asked on: 9/24/13, 9:09 am

one parent has primary physical custody both parents have joint legal custody - what rights does the parent with joint legal custody rights only have? Is this the same as stating the parent without physical custody is the non-custodial parent? Is this the same as stating that the parent with legal custody only has joint custody? what rights does the parent with physical custody and legal custody have vs the parent that only maintains legal rights but no physical custody?

1 Answer

Answered on: 9/24/13, 11:45 am by Robert Sher

The parent with joint legal but without physical custody has the right to be consulted about important decisions regarding the child, and the right to see school and medical records, etc. Also the right to communicate with the school about the child and to be informed of school-related matters. If there is a disagreement between the parents as to an important matter such as where the child attends school, religious issues, whether a significant medical procedure or treatment should be performed, the non-custodial parent could seek court intervention for a ruling, unless the custody order gives primacy in these areas to the custodial parent.

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Wagshal and Sher 4824 Edgemoor Lane Bethesda, MD 20814

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