Q: I have sole physical custody. Do I get to plan summer camps without the input of the non custodial parent
the hours of camp are during work hours and not during his visitation.
A: The first part of your statement/question is muddled by the second part. As you may be aware, "custody" is generally a "two-pronged" affair. (1) Physical custody refers to where and with which parent the child or children reside and/or the time spent with one parent or the other. If you are the "sole" (as opposed to the "primary" physical custodian of one or more children), by definition the other parent has NO visitation or "access" rights. However, you then make a contradictory statement: "[T]he hours of camp are during work hours and not during his visitation." If dad has ANY rights to visitation, parenting time, "access", then you are NOT the "sole" physical custodian. (2) The other "prong" is "legal custody". That is, the extent (if any) that a parent or other has a say in the health, safety, welfare, upbringing, etc. decisions that affect the child. Courts expect joint legal custodians (that is the norm, with exceptions) to collaborate and cooperate with one another in making decisions like, for instance, the choice of a primary physician, the child's religious upbringing (if any), what sports activities the child will be allowed to engage in, care and treatment options in the event of illness or surgical procedures being recommended, etc. Even if you ARE the "sole" physical custodian, unless the court has also cut dad off by also making you the "sole" legal custodian, you would probably do well to involve dad in decisions about camps, activities, etc. As you can see, these questions and issues are very fact-specific. You should consult with an experienced Family Law attorney before acting unilaterally.
A: As long as there are no court orders opposing that, implicitly or explicitly, I don't see a problem, based on these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.