QUESTION
Is it difficult to change a joint custody into full primary custody?
Asked on May 01st, 2013 on Family Law - Rhode Island
More details to this question:
I have a joint custody agreement and I would like to file for full primary custody that would give the father every other weekend visitation.
6 ANSWERS
The court can modify a joint custody arrangement if there have been substantial changes in the circumstances of the parties and if the modification would be in the best interests of the children, or if the parties are no longer capable of implementing the joint custody arrangement set forth in the last court order. If the father has been exercising more than alternating weekend parent time, the court may not reduce his time with the children, unless there have been problems that would be solved if he saw the children less often. If he has only been seeing them every other weekend for an extended period of time, the court will likely modify the the order or decree to be consistent with what has been happening. You may want to determine exactly why you want to change from joint custody to sole custody. Changing the custody arrangement may not be necessary or it may not be effective to resolve your issues.
Answered on May 07th, 2013 at 3:25 PM
In OK, as a matter of public policy, joint custody is preferred unless it is not in the best interest of the child. The primary consideration in modifying custody is whether there have been such a change in circumstances that joint custody is no longer in the best interest of the child. Even if joint custody should be ruled to change to sole custody, it is not automatic that the father's visitation would be limited to every other weekend.
Answered on May 03rd, 2013 at 12:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It can be if he fights it and you don't have a good reason for the change. Just because you don't like dad or his new girlfriend is generally not enough to change the present custody arrangement. There must be a substantial and material change in circumstances in order to get the custody order modified. Talk with an attorney about the situation.
Answered on May 03rd, 2013 at 12:01 PM
Child Custody Attorney serving Denver, CO
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Sturniolo & Associates
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That is very difficult and requires you to prove that there is physical or emotion harm occurring to the children. You will have an easier time to make a motion for modification of parenting.
Answered on May 03rd, 2013 at 12:01 PM
You would need a material change in circumstances to change the status quo and it would have to be in the Children's best interests.
Answered on May 03rd, 2013 at 12:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is difficult to change what was initially an agreement. See an attorney to determine if there is a sufficient change in circumstances for your to make a case.
Answered on May 03rd, 2013 at 12:00 PM