QUESTION
Can we have joint custody if my daughter lives with me most of the time?
Asked on May 28th, 2015 on Child Custody - Wisconsin
More details to this question:
My husband and I are getting a divorce, but we have been pretty civil about it. We pretty much agree on what property we want to split and that we want joint-custody of our 1-year-old daughter. But the thing is, he wants to move to Washington after the divorce. I do not want my daughter moving around a lot. It is hard enough taking her to the grocery store let alone 1,000 miles. And who is supposed to take her there? Me? I cannot afford a bunch of plane flights. Anyway, I want to keep her most of the time and have him come visit her if he wants to see her. He wants her there half of the time. How can we settle this?
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If the two of you do not live in close proximity, the court will not order a 50/50 parenting plan for the child. In WA both of you would share the cost of long distance transportation where one parent lives far away, whether he or the child do the travelling. Since she's only a year old, a graduated scheduled should be ordered so that he comes to where the child lives until she is older and then she can travel to see him. Obviously an adult will have to travel with her until she is older.
Answered on Jun 03rd, 2015 at 7:49 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Hire an attorney or meet with the Family Law Facilitator at your Courthouse for counseling and assistance in self-representation.
Answered on Jun 03rd, 2015 at 7:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, file the case and establish jurisdiction here. If he moves a thousand miles the travel arrangements and cost should be on him.
Answered on Jun 03rd, 2015 at 7:49 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: you each should retain an experienced matrimonial lawyer. They are good at working these things out. Second, be sure to distinguish between legal custody, which is the right to make the important decisions in a child's life, and placement, which means with which parent the child resides, and for what percentage of the time. Sending a small child on a 1000-mile trip tor periods of temporary physical placement is so unusual an idea, and so unfair to the child, that I doubt a court would buy it. Let your lawyers know all the facts and let them work it out.
Answered on Jun 03rd, 2015 at 7:49 PM