joint custody when seperated.

padr81

a friend of mine today was just told by his solicitor this is not possible even though his ex is willing to grant it, said its against the law for 2 parents who are seperated to have joint custody. I thought that it was, but guess a solicitor should know more. Anyone ever hear this before and is it a new thing. As myself and my ex have it.

Morag

There are 7 days in a week and even if the parents are doing one week each the child has to have a primary residence, which they are registered at for school, the dr ect and the parent who lives at the primary residence is said to have primary custody even if custody is shared.

It is possible for parents to as evenly as possible split the time the child spends with both of them evenly so neither pays the other maintenance but they still have to split the cost of the child, ie clothes, uniforms, medical fess between them.

But with the child being registered as living with the primary parent in shared custody that parent is the one who can apply for lone parents, child benefit any any other child related benefits/payments.

Kildrought

Were the parents married? or if not married did the father apply for legal guardianship?

padr81

yup the above is exactly what i have sharrow. but how is it not available to my friend. Im pretty sure what we have is joint custody with my ex being the primary custodian. The solicitor told my mate, that he could get guardianship and access as its not possilbe to have joint custody between 2 seperated parents.

padr81

Kildrought wrote: »

Were the parents married? or if not married did the father apply for legal guardianship?

he has the guardianship, but they were never married.

Morag

padr81 wrote: »

yup the above is exactly what i have sharrow. but how is it not available to my friend. Im pretty sure what we have is joint custody with my ex being the primary custodian. The solicitor told my mate, that he could get guardianship and access as its not possilbe to have joint custody between 2 seperated parents.

That sounds very odd, esp if he has guardianship.
Did he live with the kids, if the kids are not used to living with him I can understand how that might be considered an impediment, I'd want an exact explanation if I was him and consider getting a second opinion.

padr81

they lived together for about 4 years. Literally its an exact copy of my situation just for some reason his solicitor says its pretty much against the law for 2 people living in different houses to have joint custody. I was wondering was it another daft way to beat single fathers with a stick but I'm beginning to think he just needs a new solicitor. Surely a father whose lived with his kids till 3 months ago, has a great relationship with them and a mother whose consenting to allow joint custody will be given exactly that.

BengaLover

He can go for joint guardianship tho cant he?

padr81

BengaLover wrote: »

He can go for joint guardianship tho cant he?

He has joint guardianship, his ex signed the form and he has them. She is consenting to joint custody, he wants joint custody and his solicitor says its impossible. the more i read up on this, the more im sure his solicitor is wrong. they can't believe the situation tbh (both parents)

Morag

padr81 wrote: »

they lived together for about 4 years. Literally its an exact copy of my situation just for some reason his solicitor says its pretty much against the law for 2 people living in different houses to have joint custody. I was wondering was it another daft way to beat single fathers with a stick but I'm beginning to think he just needs a new solicitor. Surely a father whose lived with his kids till 3 months ago, has a great relationship with them and a mother whose consenting to allow joint custody will be given exactly that.

That could very well be the case.

StillWaters

AFAIK in law there must be a primary custodian, but the agreement will state that although x is primary custodian, both parents will have joint care and control of the child.