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custodial parent vs non

harleygirl's picture

My DH has joint custody of his son. He doen't have 50/50 time thanks to BM and a horrible attorney but he does have joint custody. The BM keeps throwing up that she is the Primary parent or primary custodial parent and therfore has more rights and say that he does. I was told years back in my divorce that unless you have SOLE custody the rights are all equal and custodial parent is just the primary residence... is that correct? She seems to think she can change child care providers, visitation days, and dictate who is or in my case is not allowed to pick up child on his day.

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stepmisery's picture

I believe you are correct but check the decree or CO to make sure DH has joint legal custody and if he has managing conservatorship.

smdh's picture

Generally, she can not dictate his visitation days or can pick up / drop off the child. She has PRIMARY custody, but she doesn't have custody on his visitation days.