I know sole legal custody (joint physical still) is rare, but is there some sort of hybrid where you still update the

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Customer: i know sole legal custody (joint physical still) is rare, but is there some sort of hybrid where you still update the other parent, keep them informed, even ask for input, but at the end of the day you are the deciding factor.
JA: Who currently has legal custody?
Customer: no one, the child lives with us full time, goes to bio mother's house every other weekend. filing today, wondering if we should file sole legal or joint.
JA: Is there a child custody order in place?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i dont think so
Answered by Nisha Jones in 5 mins 7 months ago
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Nisha Jones
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Nisha Jones
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Nisha Jones
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Nisha Jones, Expert

Hello! My name is***** am a family law attorney with Just Answer, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Just Answer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Nisha Jones, Expert

I reviewed your question and I'm happy to help. Custody laws vary somewhat by state, what state are you located in?

Customer
thanks! new jersey
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Nisha Jones, Expert

Thanks for the additional information. To clarify, to both parents currently share both physical and legal custody at this time?

Customer
at this time, it has never went to court. child lives with us full time, goes to bio moms every other weekend. we plan to file today but unsure if it would backfire to file sole legal (still joint physical). and again, when i say sole legal, does not mean we wish to keep mom uninformed or out of the loop, just for us to have final say
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Nisha Jones, Expert

Thanks for clarifying. Are you the biological father, or another family member that has been given guardianship rights?

Customer
biological father
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Nisha Jones, Expert

How old is your child, and how long have they been living with you full-time?

Customer
he is 6, he will be 7 in april. he has been with me full time since he was 4.
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Nisha Jones, Expert

Thanks for clarifying. Give me just a few minutes to finish typing up some information for you, thanks!

Customer
i lived with him and his bio mother until he was 3 though, so i have almost always been with him full time
Customer
thank you
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Nisha Jones, Expert

Since you have been the child's primary caretaker for the past several years, you should be successful with a request to have primary physical and legal custody. You're correct, legal custody does not mean that you will keep the other parent uninformed of any major decisions. Rather, it means that you have the final decision-making authority for any major decisions or in the event that there is a dispute between you both. You can structure that provision in your custody order to sound more favorable to the other parent. For example, it can include information that they will be notified about any major medical, education, or other decisions concerning the child and will have an opportunity to share their input. That may help with avoiding objections or a drawn out case with the other parent. Again you should be successful with your request for primary placement and legal custody since your child has been living with you full-time for the past several years.

I hope that helps! Please remember to rate my service using the 5 stars at the top of the page once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Customer
thank you so much, so my only question left for you is when it comes to filing should i file sole legal joint physical, or joint custody for both?
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Nisha Jones, Expert

That depends on what you're hoping to reach as your final custody outcome. If you have been the child's primary caretaker then you can file for sole legal custody and joint physical custody with you being the primary custodial parent; in which case the other parent would have set visitation times. I hope that information helps.

Customer
thank you
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Nisha Jones, Expert

You're welcome, I'm glad I was able to help. If you have any more questions in the future and would like my help, please feel free to reach out to me here at Just Answer by posting a new question, and adding "For Nisha" to the first part of your question. Or you can save my profile as one of your "favorite experts" and post a question directly to me that way. I'd be happy to help. Please take care and stay safe.

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