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Joseph E. Cordell

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The Multiple Meanings Of Custody

Posted: 08/17/2012 12:19 pm

Having spent decades representing men in divorce, I have encountered all types of newly separated and divorcing fathers, from those licking their wounds after being blindsided with divorce papers to those confident they will know their way around a courtroom better than Lindsay Lohan.

But all these fathers typically have one trait in common: they habitually and dismissively refer to "custody" as a universal term for all things child-related in a divorce.

When most prospective Cordell & Cordell clients come in for a consultation, they know what kind of physical custody they are looking to enjoy with their children. Many though do not realize that physical custody is not the only form of custody.

Whereas physical custody refers to the amount of time each parent is permitted physically with a child, there is also legal custody that covers major decision-making responsibilities affecting the children, including religion, choice of schools, extracurricular activities, health care, etc.

There are basically three possibilities: sole legal custody to Dad, sole legal custody to Mom, or legal custody to Dad and Mom jointly.

The significance of legal custody is that the non-custodial parent -- deemed as the parent who has visitation rights or secondary physical custody of the children -- cannot be cut out of the decision-making process regarding any major issues involving the children.

One of our attorneys at Cordell & Cordell met with a father who was operating under a previous court order where he agreed to let his ex-wife have sole legal custody. When going through the divorce years ago, he thought it was a mere formality that the custodial parent (his ex-wife) would also be given sole legal custody so he didn't give the title a second thought.

Years later, that flippant decision still has rampant ramifications.

His ex-wife, well within her rights to do so as the sole legal custodian, enrolled their child in a parochial school that he could not afford. Not only did he belong to a different religion, he was also required to pay a portion of tuition, which nearly impoverished him.

The father's protest was futile because his ex-wife had sole legal custody granting her the sole authority to dictate major decisions in their child's life.

The importance of legal custody to fathers cannot be overstated. "Non-custodial parent" is practically a synonym for "dad" these days, as fathers comprise almost 83 percent of the nation's non-custodial parents, according to the U.S. Census Bureau.

Joint legal custody does give the non-custodial parent substantially greater leverage than he would otherwise have. By exercising his veto power, Dad can put the brakes on unilateral decisions Mom may be inclined to make respecting major issues.

As a result, if my client is not likely to obtain primary physical custody, I strongly encourage him to seek joint legal custody. In the absence of primary physical custody, joint legal custody becomes an important mechanism to prevent Mom from reducing Dad to a child support provider and occasional weekend babysitter.

Though most divorced dads may not have as much parenting time with their children as moms do, they need to ensure their legal rights as a parent are protected by securing joint legal custody and its requirement to involve both parents in decision making regarding the children.

 

Follow Joseph E. Cordell on Twitter: www.twitter.com/@DadsDivorce

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Having spent decades representing men in divorce, I have encountered all types of newly separated and divorcing fathers, from those licking their wounds after being blindsided with divorce papers to t...
Having spent decades representing men in divorce, I have encountered all types of newly separated and divorcing fathers, from those licking their wounds after being blindsided with divorce papers to t...
 
 
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11:53 AM on 08/21/2012
Battle for custody is really a difficult matter. I think that both parents should learn to compromise so they wont end up hating each other and give their kids a hard time to get to know them individually.
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OCerInTN
Hoplophobics worst nightmare.
11:05 PM on 08/20/2012
"But all these fathers typically have one trait in common:"

I would bet they have another thing in common: They expect the courts to treat them in a fair manner.
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Box500
Space can be recovered. Time, never.
02:10 PM on 08/20/2012
Divorce court:
Heads, she wins. Tails, he loses.
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AndrewIfallalot
What's so wrong with class warfare?
10:29 AM on 08/20/2012
If he relinquished custody why was he financially beholden to the wife's decisions at all? One would think that full custody to one party means that they aren't entitled to any money from the other party but I guess we all know how terrible the US family court system is
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CSNC
Living on the edge -- not taking too much space
09:01 AM on 08/20/2012
"The Biggest Thing Divorcing Dads Get Wrong"

Be a parent, not a friend.

F
Morrisfactor
Just a little bent
11:41 AM on 08/20/2012
Yes, but when the typical divorce gives custody of the kids to the mother, and the father only gets to see his children every other weekend (four days a month) and perhaps Wednesday evenings for dinner, it's quite difficult to be a parent/friend in such compressed time. And jack-all he can do about it if she decides to gate-keep the children or move to another city or state (or even country).

Women would face the same challenge, but of course, for the most part they never have to face it, since they get custody 83% of the time in divorce while fathers only get it 8% of the time.

One wonders how the average mother would do as a parent/friend relationship should fathers have custody 83% of the time and mothers only 8%?
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CSNC
Living on the edge -- not taking too much space
01:56 PM on 08/20/2012
Morrisfactor,
Divorce mothers do the same darn thing after divorce... become the kids' friend. Divorce is hell for kids and adults. That is one of the reasons people should not marry or have kids -- not worth the headache and good for the environment too. T
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CSNC
Living on the edge -- not taking too much space
09:01 AM on 08/20/2012
"The Biggest Thing Divorcing Dads Get Wrong"

Marry again.

M
04:22 AM on 08/20/2012
Women ALWAYS have the upper hand in divorce court.

There's not a huge difference between marriage and prositution. Both involve the exchange of money and sex.

Marriage is a huge scam and I hope my son never does it.
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OCerInTN
Hoplophobics worst nightmare.
11:07 PM on 08/20/2012
"There's not a huge difference between marriage and prositution. Both involve the exchange of money and sex."

Actually there is a big difference, in the latter the man get to have sex.
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TarzanaGirl
03:24 AM on 08/22/2012
It's only a matter of time before someone calls Children's Services .............
02:52 AM on 08/20/2012
my ex did not want the children. he wanted the stereo and albums. sick!
11:18 PM on 08/19/2012
Darn, didn't know that. Not a super religious person, but thought my bullied son would do better in a non-denominational Christian high school because they were better about not harassing kids, but my ex was an atheist and wouldn't go for it. I was paying for it, I also didn't know I could get some money from him for it, and he could afford it way more than I could.
04:19 AM on 08/20/2012
You're just a another gold-digger
08:34 AM on 08/20/2012
This man's definition of gold-digger:  Paying for his children.

Now we know why there are so many deadbeat dads.
10:46 PM on 08/19/2012
The courts make it far to difficult for the father to get physical custody!! I learned that the hard way and it cost me $55,000.00 (LEGAL FEES ONLY NO PROPERTY INVOLVED) and if it was not for my parents and my employer I would have never been able to sustain the 9 month court battle despite my exwife getting caught up in lies to the judge, positive drug test and eventually her own attorney dropping her I was was put through hell because I was NOT going to accept being a part time dad especially to a person as unstable as my exwife. My son is now 15 years old and I have had Custody for 7 years and he is happy, healthy and thriving in school and sports. It hasnt always been easy nor do I expect it to get any easier but I wouldnt have it any other way. Its unfortuante that there are plenty of guys like me that simply could not endure the TORTURE and the costs the court system put us fathers through!!

Just my .02 cents
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11:20 AM on 08/20/2012
I'm so glad you had the funds and support system to sustain such a battle. My fiance is doing the best he can right now, gathering evidence, funds, and trying to maintain sanity while gearing up for a future custody battle with his ex. Our state is highly biased and unfair to fathers (the US, in general is, but our state has been called one of the worst).
02:10 PM on 08/20/2012
Its an extremely frustrating process for the Dads and they certainly give the mother EVERY opportunity in the world to retain custody even when they fail miserably and even under some baffling circumstances (like my ex wife failing a hair follicle drug test)! Even after that it still took another 4 months for me to get custody..

I did countless hours of leg work and can only imagine what my legal bills would have been if I had not done what I had done to help my lawyers but you cant get ANYWHERE without them here in my MA. Good Luck and dont ever give up no matter how hard it gets!!!
12:03 PM on 08/20/2012
Good for you and your son. Fathers have to fight, whereas women get custody by default. Totally unfair. Glad it worked out for you.
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Johnny Apleturd
10:30 AM on 08/19/2012
You can negotiate a child's religion on behalf of a client ?
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Claire Redfern
blogger, mom...
07:54 PM on 08/18/2012
the worst one is when grandparents get in the middle and claim the parent is not a good parent and take the kids. Tell the kids no one loves them as they do. sue the parents for support and tell the court they have no idea where the parent is..... then when the parent makes less than minimum wage and the granny complains there is no money and the kid is now over 18, they think money should be sent for all things. no that kid needs to get a job pay for himself... Grandparents need to stay out of the situation unless it is so over and above suit.. They come from a different life and time. They have no idea of life now and they society kids are in. my mom was raised from ideals in the 1890's They has some bearing on today.. not much.
08:32 AM on 08/19/2012
Judging from your attitude Granny was right to step in. Your making less than minimum wage and the child is over 18, there is not enough money. You just want to be free of the responsibility for this child. Granny does love this child more and understands that being a parent doesn't stop when your child turns 18. I would think that you would want your child to be able to have a better live than you do. You are a totally selfish individual, want to throw the kid to the world just so you don't have to be bothered anymore. He didn't ask to be born the least you could of done is help take care of him but you begrudged him even that.
11:22 PM on 08/19/2012
I saw different parts of that post than you did. Sounds like the grandparents used money to push their weight around, told them what to do and bad mouthed the mom.

I grew up with no money, it's not the most important aspect of life.
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Claire Redfern
blogger, mom...
02:22 PM on 08/20/2012
It is not that. they went behind my back, as I looked for work, lied in open court, said they didn't know where I was, when in truth they did. When I did have the money I send it, but they refuse to allow me to see the boy. The have lied to him and all. I am not selfish. My parent are the ones who are greedy and narcissistic and raising my son to believe that money is the end all to all things. I believe it is who you are that makes you. If my child is to have a better life than me, he is to be better educated in life, and love. Money can't buy you those things. He needs not to be coddled by granny. and have things handed to him. He needs to learn how to work, and appreciate the things in life. He needs to know how to balance a checkbook, cook his dinner and clean the house. He can't do any of that. He has all that done for him. At least if I had more input he would know a bit of that.
11:20 PM on 08/19/2012
I agree, some grandparents can be toxic. A man I knew stayed married just to care for his son, because his wife's parents would fund her side of a divorce. The wife was heavily into daily pot, and paranoid from it.

I feel for you. I remember my in-law telling me how to boil water, when I was 40!!!
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Claire Redfern
blogger, mom...
02:23 PM on 08/20/2012
yes they can be very toxic. They get the idea they know better. They may have ideas yes. But not always knowing better. Take what they say if it applies great... if not take it with a grain of salt...
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livingbettertherapy
Counselor, Therapist, Strategic Intervention
02:34 PM on 08/18/2012
Actually before they get that wrong, many men get the whole idea of marriage wrong. It's actually simple to make marriage work, if you tell the truth-to yourself. Instead of the truth you often hear "I'm not in love anymore. She's not the girl I married." The self deceiving words of one more man verbally rationalizing the destruction of his marriage.

Selfish men who say things like this when they've been married with children for years usually don't realize how much they themselves have changed. Their self awareness seems to move in an inverse proportion to their increasing waistline.

I've got a few questions for these kinds of guys. Do you love your children and does your word on a contract or in a promise means something. "How dare you-you don't know me! , you might say.

Really? What happened to until death us do part? Your children are also in peril from your ever changing definition of love. Their happiness and future well being are at stake. Fix your marriage and your children are more likely to have better outcomes in their own lives. The alternativ­e: continue acting by whims and fleeting emotions and it will only produce inconsiste­ncy that will create more trauma that will affect your subsequent generation­s. Fix yourself and your marriage now and your children and grandchild­ren will need less "repairs."
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VeriteNow
06:58 PM on 08/18/2012
What do you do when the wife acts and feels this way?
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08:22 PM on 08/18/2012
Wake up. Women file for >2/3 of all divorces, usually for trivial reasons.

Go back to 1972 and enjoy your Iron John retreat.
11:23 PM on 08/19/2012
Not true. I went thru this with another poster, the reasons were not trivial at all.
10:28 PM on 08/17/2012
I do have sole legal custody, which was given by him without question when I asked for a divorce. I only wish he wanted to spend any time at all with his children. I have offered him countless opportunities to do activities with them and spend time with them. They are growing up and doing great and he only lives 5 miles away. I guess some dads don't understand the significance of themselves in their kids' lives. He pays child support admirably, but doesn't bother to call them or schedule time with them. Very sad. I'm glad to see that some dads care enough to arrange time with their kids.
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Zalkreb
10:03 AM on 08/18/2012
A far larger problem is that more moms don't care enough about kids to not force their fathers to the fringes of their lives to begin with. It's funny how women criticize men for not making a huge success of an extraordinarily difficult situation that, as a rule, has been imposed on them against their will.

How is it that she wanted the divorce, but he's responsible for making it a success?

The essential takeaway is that women are never responsible or accountable for any negative consequences, as long as there is a man, living or dead, anywhere in the vicinity.

When are women going to stand up and take accountability for their freely chosen decisions? Isn't being responsible for your actions an inescapable component of freedom? How can you ever hope to be truly equal when you can't say this: "I am the only one in this family who wanted divorce. I got it. I'm happier and healthier. Everyone else isn't." ?

Well?
Morrisfactor
Just a little bent
05:36 PM on 08/18/2012
Well said...
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Atlantean67
10:28 PM on 08/19/2012
Dude, I have seen you patrolling these blogs. Get over it.....she did.
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Johnny Apleturd
10:42 AM on 08/19/2012
Maybe it's you ? (your lawyer that he's paying for)
01:03 PM on 08/17/2012
"Joint legal custody does give the non-custodial parent substantially greater leverage than he would otherwise have. By exercising his veto power, Dad can put the brakes on unilateral decisions Mom may be inclined to make respecting major issues."

This cannot be overstated enough. Over the past two years, joint legal custody has saved my butt and given me leverage not only with respect to major decisions, but also minor decisions in my children's lives. From being allowed to attend all doctor, dentist, orthodontist and therapy appointments (in which case I get first-hand information), to being involved with all decisions at school, to determining whether I'm on the hook to pay for private schools, expensive summer camps, gold clinics, tennis lessons, the list goes on. All those decisions become joint and have to be mutually agreed upon. Always seek shared legal and shared physical custody.

Also, always seek the right of first refusal when the other parent is unable to watch a minor child overnight. My ex travels overnight frequently - my children are with their dad on those nights (not left with grandparents, relatives, friends, neighbors or boyfriends). Right of first refusal may not frequently be granted as it might be considered a restriction on her liberty, but I won it and it provides for much needed extra time with my kids and peace of mind.
11:34 PM on 08/19/2012
what is a gold clinic?

You sound like a smart good dad.
10:40 AM on 08/20/2012
ha, ha. typo. Golf clinics.