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Sole Legal and Sole Physical Custody


Sole legal and sole physical custody means that primary decision making authority will be exercised by the custodial parent and that the minor children will typically live with the custodial parent more than 255 overnights each year.

The non-custodial parent will spend time with the minor children whenever both of you agree. The Court will order a parent-time schedule in case you can't agree. The parent-time schedule is the minimum amount of time the non-custodial parent is entitled to. The non-custodial parent makes the day to day decisions when a child is with him or her.

Child support is calculated using the sole custody worksheet and the gross income of each parent.

Example: The Court signs an order stating that Jane Doe has Sole Legal and Sole Physical Custody and creates a parent time schedule for John. The children live with Jane Doe. John Doe typically spends every other weekend with the children as well as several weeks during the summer. John Doe alternates major holidays with Jane Doe. John Doe may spend time chatting with the children by phone or over the Internet during reasonable hours. Jane Doe tells John Doe whenever the children are involved in important events so that John Doe can attend. Jane Doe decides which school the children will attend and what medical treatment the children will receive. Jane Doe signs release forms with the children's medical providers and schools so that John Doe has access to the children's records. When the children are with John Doe, he decides what is appropriate to wear, what they will do together for fun, and what they will eat. John Doe pays child support to Jane Doe.

Page Last Modified: 7/6/2015
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