My wife is filing for the divorce and we suppose to do 50/50 joint legal custody for our child. She gave me copy of the divorce papers that she suppose to turn in to Family Law Division. I am trying to get specific Information on how we do this with no contest:

<img border="0" title="" alt="[Eek!]" src="images/icons/shocked.gif" /> Part of the statement said: <img border="0" title="" alt="[Frown]" src="images/icons/frown.gif" />

A marital settlement agreement between the parties is attached.
Child custody and visitation is ordered as set forth in the attached

1. marital settlement agreement, stipulation for judgment, or other written agreement
2. Child custody and visitation order attachment (form FL-341).
3. other (specify):
The parties shall have joint legal custody of their minor child and petitioner shall have primary physical custody of the minor child subject to respondent’s rights of visitation.

Please advice me if this is correct of the part # 3 if that is ok? As my understanding is I can only visit my daughter and cannot take her for vacation or she cannot be with me and the only rights I can have is to visit her.

Please, please, please, please, advice thank you

http://www.marriagebuilders.com/forum/ultimatebb.php?ubb=get_topic;f=37;t=033930

"Visitation" is the term used for the time that the non-custodial parent has the children in their care. Personally I don't find that to be a very comforting word.

I prefer to consider it parenting time. Unfortunately, a few bad apples have given the non-custodial parent (usually the father) a bad name and reputation.

You should have several attachments or "stipulations" with those papers indicating exactly what you and your wife agreed upon.

I highly suggest that you have a lawyer take a look at your papers before you sign anything. Make sure you understand EVERYTHING that is written in those papers.

Your child is still dependant on you to continue to be a responsible parent even though you may no longer be under the same roof as the child's mother. Don't let your kid down.

If being able to "visit" with your child is enough for you, then I'd accept the terms. If not, I'd go for custody, or at the very least Joint "PHYSICAL" custody. Everyone basically gets joint legal custody, so that doesn't mean squat. During my divorce, I asked for and received joint Physical custody, meaning that I physically have her with me at least 50% of the time every week. Child support is a lot less when you do this also.

<small>[ November 19, 2004, 08:18 AM: Message edited by: boomer ]</small>

I am in CA., I didn't notice in your post if it showed what state you live in, but with my divorce paperwork it outlined what you are saying yours states which basically outlines that you have joint custody, the child(ren) will live with the mother and you will have visitation (your assigned days basically), but you can have an attachment that outlines vacation, holidays, where the kids will be if not with one of the parents, amount of notice to be given should there be a change in schedule, those types of things. You can put anything in there that you want to have part of the "order" as long as both of you agree and if the judge agrees. I hope that helps you understand a little better. But yes, do go see a lawyer or two to get some legal advice.