Final Custody judgment wording help..?

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Latest post 12-15-2006 7:28 AM by able2345. 3 replies.
  • 12-14-2006 9:26 PM

    Feedback [*=*] Final Custody judgment wording help..?

    Does this mean I (the Plaintiff) have SOLE physical, and legal, custody of my son? I just noticed the wording is a bit vague and the word "sole" is nowhere to be found.

    "The Plaintiff shall be awarded the care, custody and
    control of the minor child, subject to Defendant's right of reasonable visitation."

    Any clarification would be appreciated.

  • 12-14-2006 10:36 PM In reply to

    • Azucena1
    • Not Ranked
    • Joined on 05-15-2006
    • NJ
    • Posts 46

    re: Final Custody judgment wording help..?

    What was it you were seeking? Physical custody, sole custody, physical joint custody? Which ever you had been seeking would say granted if it was in fact granted to you.
  • 12-15-2006 12:02 AM In reply to

    re: Final Custody judgment wording help..?

    Sole custody. The father even expressly said "She can have SOLE custody." during the proceedings.

    The father never sees his son and has not spoken to him since August. He lives in Kentucky and is responsible for all transportation to and from visitation, as per the court papers. His visitation is set by the court as 2 weeks every summer and ever other Christmas for 5 days. This year, he missed the summer visitation, and missed his visitation last Christmas. He pays no child support whatsoever, even though the court has ordered him a mere $10 per month. Also, he didn't see our son for 3 years before the divorce in 2003, and has seen him twice since then.

    He has signed both the passport papers and has given written permission for the visa. with a paper saying this:

    "Father's name", , by signing this agreement, hereby gives complete consent for "Mother's name", to remove minor child "Child's name", their son, from the Illinois and the United States. Furthermore, "Father's name" is aware and understands that "Mother's name" and "Child's name" will be leaving the United States with the intent of permanent residence in the United Kingdom, and that "Father's name" will not pursue any form of legal action for the removal of "Child's name" from the United States.

    As I said, signed and notarised....
  • 12-15-2006 7:28 AM In reply to

    re: Final Custody judgment wording help..?

    It sounds to me like you have sole custody. You have been given the authority to make decisions.

    It also sounds to me like you should be asking for a child support increase and a change of visitation to reflect what is actually taking place so that he can not in the future say you are preventing contact with the child.
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