Legal Question in Family Law in Maryland

seperation/divorce papers

My wifes lawyer, wants to change the wording in my sep agreement stateing physical custoday and legal custody. Can you tell me the difference. I want my wife to maintain physical custody of the kids, however, I dont want any resttrictions as to when I see them, and I want to be in the decision making process. I will be paying child support. Can you tell me what the proper wording should be in the seperation agreement, Thanks


Asked on 5/17/09, 9:31 am

2 Answers from Attorneys

Lindsey Moran Mitchell & Moran

Re: separation/divorce papers

Physical custody is just that. It means that a parent has the right to have a child live with him or her. Joint physical custody means that parents equitably share the amount of time with the child.

Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example.

If you want to share legal custody, the wording would be "shared or joint legal custody".

You should have a lawyer review the separation agreement before you sign it to make sure it is what you want. Most lawyers will review a document for a flat fee.

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Answered on 5/18/09, 12:15 pm
Lindsey Moran Mitchell & Moran

Re: separation/divorce papers

Physical custody is just that. It means that a parent has the right to have a child live with him or her. Joint physical custody means that parents equitably share the amount of time with the child.

Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example.

If you want to share legal custody, the wording would be "shared or joint legal custody".

You should have a lawyer review the separation agreement before you sign it to make sure it is what you want. Most lawyers will review a document for a flat fee.

Read more
Answered on 5/18/09, 12:15 pm


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