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Legal fictional shared parenting??

post #1 of 7
Thread Starter 
My daughter is in the middle of a nasty divorce, she has been going thru this for 7 months
 
we went to court on Tuesday and my daughters lawyer said that son-in-law will agree to live with what the guardian ad litam said but he wants the paper to say "shared parenting" on the title. Daughters lawyer claims its just a title and that my daughter is still the custodial parent, they will live with her and she will have complete responsibility for boys and will make any and all decisions for boys. son-in-law will still be the non residential parent and only get visitation. He will still have to pay the same child support he is now. She said this could be a way to get son-in-law to give her what she wants if she lets him have the title BUT we know that my son-in-law does not do ANYTHING if it doesn't benefit him in some way. There has to be a loop hole, Son-in-law did not think of this, his lawyer suggested it and daughters lawyer thinks its a good thing. her lawyer called it Legal fictional shared parenting..we don't want it to be some easy access for him to get shared parenting later. It says on Internet that if you don't get shared parenting the first time its very hard to get it, if ever. But the concern is always there.
 
wondering if you had heard of this? I can't find anything about it on Internet, I have found the meaning of Legal Fiction but cant find anything associating it to shared parenting. The trial is not until Jan. 26th (sob) so we are screwed for Thanksgiving and Christmas cause those are his weekends and they will not make any changes before trial. That makes no sense to me everyone says oh yeah he's a jerk of a dad and does not deserve shared parenting but they leave the kids with him for half a day everyday for now, even thou they having problems
post #2 of 7

Moving this to Parents as partners where it will get better input. :)

post #3 of 7

Hmmm... I'd ask to see some case law on this... it might be one of those commonly done things that's really nothing to worry about. Though it does sem like a way of your daughters ex keeping the door open a crack to get shared custody later on. It sounds almost like having an interim order vs. a final order (interims can be changed anytime, final orders require a significant change to the circumstances before it can be brought before court again) I'd be very wary of agreeing to the term being included.

post #4 of 7

Wouldn't this get more input in single parenting forum?

post #5 of 7
Quote:
Originally Posted by Bellamom2giz View Post


 
wondering if you had heard of this? I can't find anything about it on Internet, I have found the meaning of Legal Fiction but cant find anything associating it to shared parenting. The trial is not until Jan. 26th (sob) so we are screwed for Thanksgiving and Christmas cause those are his weekends and they will not make any changes before trial. That makes no sense to me everyone says oh yeah he's a jerk of a dad and does not deserve shared parenting but they leave the kids with him for half a day everyday for now, even thou they having problems


Well, thanksgiving is on a Thursday, which is not a weekend day, so your daughter should get that day, and then x-mas will be with dad.  That means that it just sets the precedent for them to switch next year (its standard to have one of those holidays each year but not both).

post #6 of 7

The OP will not be able to read the responses to this (and probably thought her post got deleted) as this was her 1st post and you need at least 50 posts + 6 months to view Parents as Partners.

post #7 of 7

Ah - true. Moving to Parenting. Can't think of another forum it would fit better in. 

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