Legal Question in Family Law in Maryland

Divorce

My wife and I are just about to finalize our divorce agreement. We have both agreed to joint legal and physical custody. She says she wants in the agreement that she will be the caretaker of our son. I am saying I want it to say we both will be co-caretakers. Does this matter? Should I insist it to say co-caretakers ? I just want to make sure everything is in writing 50/50. Any advice would be greatly appreciated.


Asked on 11/05/07, 4:34 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Divorce

The term "caretaker" has no legal significance, unless you define it precisely in your agreement. Family law attorneys drafting such an agreement would state whether one parent of the other will have primary or sole physical/residential custody, or whether such custody will be shared. If the latter, the agreement should detail those time periods in which the child will be with each parent (e.g., every other week, 2 weeks, etc.). When your son is with you, you are his "caretaker", in the sense that you make day-to-day decisions for him, as your wife will when he is with her. You also need to put a mechanism in your agreement to resolve disputes between the two of you as to larger decisions, such as educational, religious, health care, etc. A review/consultation with at attorney before you sign this agreement could pay real dividends down the road.

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Answered on 11/06/07, 10:16 am


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