Legal Question in Family Law in Michigan
joint legal custody
My Ex and I enjoy Joint Legal Custody,and joint parenting time.She has primary parenting time through the school year.I have primary parenting time through the summer.Is she the Custodial parent during the school year,and am I the Custodial parent during the summer?
2 Answers from Attorneys
Re: joint legal custody
Yes. The parent who has actual physical custody during a particular time has the right to determine what the child does on a day to day basis. The label of "primary parenting time", etc., is kind of irrelevant to the reality of the situation. Bill Stern
Re: joint legal custody
Good question, but it doesn't quite work that way. The view is more holistic, and focuses on the kids and the overall environment from their perspective, not that of the parents.
What the court is likely to find, in a contest, is that there is an established custodial environment in BOTH homes and that neither parent change things legally without a significant change of circumstances.