QUESTION
What are my chances as a father of getting joint custody?
Asked on May 30th, 2013 on Child Custody - South Carolina
More details to this question:
I am getting a divorce and I'd like to have joint custody of my 5 year old daughter. My daughter and I shared a common foreign language (we are both born abroad). We were living abroad but I accepted to move to the US to avoid stress to my little one. We had a separation arrangement abroad that I'd like to change and cancel. In that arrangement, we have joint custody and my daughter spends 6 nights a week with her. I'd like that to change. Also my ex has serious illnesses. I'm a good dad. I just want joint custody. My daughter's mom says she deserves custody because she’s her mommy and saying my daughter doesn't want to sleep in my house more than once per week". Please, help! Thank you.
5 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to consult with an attorney. In Florida, it is very common for Father's to have substantial time with their children and sometimes even equal time (or majority time, if the circumstances call for it). However, there are many factors that the court considers in determining what living situation is in the child's best interest, so you should consult with an attorney in order to best determine your potential rights and options.
Answered on Jun 03rd, 2013 at 9:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to get an attorney and explain t the court the entire situation. It may require paying professionals to evaluate each household. It may require deposing friends and relatives. Regardless, tell your attorney what you want and let your attorney tell your story.
Answered on May 31st, 2013 at 11:49 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Please speak to an attorney. Your chances sound good but it also depends on your work schedule. If you work nights that would make it more difficult for you to get joint custody since your schedule would interfere with the amount of custodial time it takes to be considered a joint physical custodian.
Answered on May 31st, 2013 at 11:48 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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The State of South Carolina no longer follows the "tender years" doctrine which presumed that the mother should be awarded custody. I think that it is very realistic that the court would award you joint custody. Additionally, the court is not going to abide by the wished of a 5 year old regarding custody. The Court will decide what is in the child's best interests, and most judges recognize that it is in the child's best interests to have a good relationship with and spend significant time with both of its natural parents.
Answered on May 31st, 2013 at 9:39 AM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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The terms of your current separation agreement should govern how and if it can be changed. Although it is from another country, it likely has typical language that says changes can only be made upon agreement of the parties. It may also likely have language that says for any disputes or or interpretation of that contract are to be under the laws of that country and thus cannot be addressed in North Carolina. But depending on certain facts, if you do need to revisit custody, there may be some options to do that here in North Carolina especially if the child is also here in NC. You should consult an attorney to discuss further as well as review your current agreement
Answered on May 31st, 2013 at 9:39 AM