Question:

LEGAL/Family Law-I have SOLE physical custody & joint legal-NEED CLARIFICATION (any LAWYERS???)?

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Readers Digest version: I have sole physical and joint legal custody of my 5 children. There is a Criminal Protective Order (C.P.O.)against my ex-husband in regards to myself my fiance (NO CONTACT except for peaceful exchange of children, must stay 100 yards away from us, residence, home, work, vehicles, ect). My ex and I have just come to a stipulated judgment agreement in regards to visitation, which is tricky to say the least with the C.P.O. in place. A brief overview of the visitation boils down to a gradual step up plan to every other weekend w/ overnight-er from Saturday PM thru Sunday PM (by years end). He is allowed to attend school functions and the kids sporting events, but must not speak to me and stay 10 feet away at all times (for school and games only). He is allowed to communicate w/ me via e-mail ONLY for the matters regarding the children & visitation. My question is this: SInce we do have JOINT LEGAL custody-do I have to add him to the childrens emergency cards at school (which would allow him to be notified and p/u kids in an emergency-which I do not think is a good idea). Is he allowed to just show up at the school and sign the, out and remove them? (None of these issues are addressed in the order). I would also like to know what does JOINT LEGAL custody really entail and what are my obligations?

Please advise quickly, must know before Monday when school starts.

Thank you

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  1. Whatever the court order states is the rules.  I wouldn't add him as an emergency contact.  If he is entitled to certain custody, then he would be violating the court order if he picks them up from school in violation of the court order.  However to prevent any violation, I would give a copy of the court order to the school just in case he tries to violate the order and pick them up.  Joint custody is just a legal term--the court order tells everyone who has rights to whom and when they have such.  So no matter what you call it, it's the court order that rules.

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