If a parent has joint legal custody, what are their rights to visitation?

My ex has sole physical custody of our 2 children but we have joint legal custody. We split our time with the children 50/50, I have them for a full week then he has them for a full week. I want to know if he wanted to is he able to take the kids away from me in anyway as far as decreasing my time, or take them when it is my week to have them since he has physical custody? There is nothing on court record as far as time agreements, just he has physical and we have joint legal. I would like to know my rights incase he decides to try and just take the kids from me when I have them or keep them from me when I am suppossed to get them.

Asked on September 18, 2012 under Family Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have a written agreement with your "ex" setting forth the times for visitation or a court order is in place as to such issue then you are subject to a possible dispute with your "ex" as to future visitation issues despite the fact that you do not have physical custody of your children.

I suggest that you consult with a family law attorney to see what needs to be accomplished via a stipulation and order signed by your "ex" or the possible filing of a court action seeking a court order as to what your visitation rights are.

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