Legal Question in Family Law in Massachusetts

Legal Custody vs. Physical Custody

Can you explain to me joint legal custody and physical custody? My interpretation is that both parents have equal say in decisions involving the kids if they have joint legal and that physical custody merely means where the children reside? Am I right in my assumption and would a Dad have a leg to stand on in court if the ex did not involve him in decisions involving the kids (whether they be medical, educational etc).

Thanks!


Asked on 1/23/06, 11:24 am

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Legal Custody vs. Physical Custody

That is essentially correct. Joint legal custody means, except in an emergency where the other parent cannot be contacted immediately, both parents must agree on medical care, education and where the child lives. You can ask to be included in any medical visit, to be given copies of medical test results and records, report cards, etc. Of course, it also means being available to take the child to a medical visit, to go to the school on parents' night or whenever you can to be involved in your child's school activities or after-school activities.

If you have tried to be (I hate this word) pro-active with respect to your child, and the mother refuses to allow you access or discuss these issues, a complaint for contempt would be what you would have to file.

Keep in mind also that when you have the child (physical custody) for visitation, you are also expected to contact the mother if anything medical needs to be done, or if the child is or wants to be engaging in some activity.

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Answered on 1/23/06, 3:11 pm


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