How to Get Joint Custody
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What Is Joint Custody?
Joint custody refers to child custody arrangements where the parents share the responsibilities of raising a child. Joint custody often implies that the rights of each parent are split unequally, with one parent having majority custody rights. This parent is often referred to as the main custodial parent. Custody rights may include both legal and physical custody rights.
Legal custody rights refer to the parent’s rights with regards to decisions being made for the child. Physical custody refers to the times where the child is physically under the care of the parent.
What Are Some Pointers on How to Get Joint Custody?
Child custody determinations can often involve some very complex procedures. Joint custody is not awarded in every situation. You’ll usually need to demonstrate how a joint custody arrangement would be beneficial for the child.
When seeking to get joint custody, you may wish to consider the following factors:
- Be honest when it comes to disclosing facts about yourself and your relationship with the child and the other parent (such as the length of marriage, etc.).
- You’ll need to demonstrate an ability to support the child to some extent, both mentally as well as financially. This may need to be backed by documentation.
- Child custody divisions are not automatic- even in a divorce or legal separation setting, you’ll need to specifically file for custody rights.
- You will also need to formulate a custody agreement with the other parent. Again, this can take some time and will require a careful analysis of all factors. This will be reviewed by judge.
- Attend all hearings- your chances at obtaining a favorable custody ruling will be greatly lessened if you miss any meetings or hearings.
Lastly, joint custody often results as a modification of an existing custody arrangement, such as a full custody or sole custody ruling. You may need to file your request as a modification, which may be different from other types of petitions.
Do I Need a Lawyer for Assistance with Joint Custody Laws?
Joint custody often requires an extensive analysis of different factors, such as the child’s age, education, and other needs. It also involves a disclosure of the parents’ backgrounds as well, such as their employment status, residence location, and legal record. You may need to hire a family lawyer if you need help filing for joint custody. A qualified child custody lawyer in your area can help with forms, paperwork, court appearances, and other tasks. Also, if you have any questions, your attorney can address these as well.
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Last Modified: 07-28-2014 04:06 PM PDT
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