Legal Question in Family Law in Kentucky

Joint legal custody

Ex and I share joint legal custody. The order also states I'm the primary residential parent, and when the child is visiting the other parent... the child shall reside with him.

So does that mean I only have to discuss the important issues with him? Does that mean that we shall custody, or am I the custodial parent? Then when the child is with dad... I'm not the custodial parent? Really confused, any clarification would be appreciated.


Asked on 6/02/09, 1:33 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Joint legal custody

This sounds like a poorly worded agreement. The term "primary residential parent" is not found in statute and has grown up through case law. It can mean whatever the Agreement defines it to mean, but generally, it means that there is joint legal custody but not equal timeshare. The primary residential parent would receive child support and to change things so that the majority of timeshare is with the other parent would require changing custody, which is harder, than merely changing visitation. The other practical impact is that the designated parent can move out of the state and take the child with them and it not be automatically a "change in circumstances" that would allow for modifying custody (unless some other part of the Agreement/Order changes that).

So, the answer is, no - you always have to discuss important decisions with the other parent.

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Answered on 6/02/09, 2:27 pm


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