Legal Question in Family Law in Florida

Primary

My ex and I have Joint Custody with Primary residence being with me. (All of us living in Florida) The children live with me all week and go to their dad's on the weekends. Now he is claiming that me as primary only means just that, that they live with me during the week. Is that true or does primary come with more rights and privileges. During open house at school, I filled out a student information record for my children with myself being first emergency contact and my ex (their dad) being second. I later found out that his fiance went into the school and filled out a new one with only his name and phone number and hers. Now he claims that since we have joint that he has just as much right to say who is on the paper work just as much as I do. Is this correct since they are not even with him during the week.


Asked on 9/02/07, 5:25 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Primary

Since custody is joint,he is correct. These issues should be discussed.

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Answered on 9/02/07, 8:39 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Primary

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your ex is correct to a point. Although you are the primary residential parent, parental responsibility is joint and should be discussed among both of you. You were probably correct to list your name first as an emergency contact since the children live with you during the week. He was definitely wrong to go to the school and take your name off altogether. Perhaps you should have your attorney address this issue with his. It is not worth going to court over.

Scott R. Jay, Esq.

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Answered on 9/03/07, 1:16 am


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