QUESTION
What are the chances of my ex husband getting joint custody of our two children?
Asked on Sep 14th, 2011 on Child Custody - New Jersey
More details to this question:
I am getting a divorce and my husband wants joint custody of our 2 small children. I do not feel comfortable letting my children spend more time than necessary with him. He has never changed a diaper, fed them a meal, put them to bed, etc. He doesn't know what it takes to care for a child. He does have custody of a child he had out of wedlock five years ago, but I believe he only got custody because we were married and the mother of the five year old couldn't hold down a job and moved around a lot. Me and the kids are temporarily living with my parents until I can get a job and get our own place. My soon to be ex husband has a girlfriend already and she has a 3 year old son. I do not want my kids involved in this mixed-up, confusing situation that my husband has put us in. I wanted to work this out with him and have tried to get him to go to counseling but he would rather have his girlfriend. What chance does he have to get joint custody?
13 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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You can always insist that he take a parenting class.
Answered on Jun 24th, 2013 at 1:21 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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The family court looks at the best interest of the children, which include many factors, as enumerated uner NRS 125B. It is typically presumed that custody should be joint, so you will need to be prepared to show the judge why he should award primary custody. An attorney can assist you in preparing evidence and understanding which facts would be important to the judge.
Answered on Sep 19th, 2011 at 2:10 PM
Mediation might be a good option to work through all of these issues in your divorce. Custody is typically joint, it is the placement schedule that is important. In Wisconsin, many factors are considered. Using mediation as the way to proceed through your divorce, or at least a child specialist to help map out a parenting agreement, is highly recommended.
Answered on Sep 15th, 2011 at 11:04 PM
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Your husband has a good chance of gaining joint custody of your children, as it is presumed to be in the children's best interest in the state of Louisiana. Even fathers who have been fairly reluctant in the past are often given a new chance when a divorce occurs, especially where they come forward and fight for custody. You should consult with an attorney immediately.
Answered on Sep 15th, 2011 at 10:57 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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The presumption is joint custody unless there is a health or safety risk for not having joint custody. As for placement, the statutes require maximizing placement with both parents so it is likely that you will end up with a shared placement situation.
Answered on Sep 15th, 2011 at 8:47 PM
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He always has a chance. There are many factors that go into the court's decision regarding time sharing. I suggest you consult and experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
Answered on Sep 15th, 2011 at 8:14 PM
Patricia C. Van Haren
California courts will look at many factors in determining custody. The goal of the courts is that each parent have frequent and continuing contact with the children. Courts will look at which parent is more likely to facilitate a relationship with the other parent when determining custody. If you have concerns about his parenting, you may present those issues to the court. He may be required to take a parenting class. You should probably retain an attorney so that you can present a clear argument to the court. In the long run, however your ex husband may end up having joint custody of the children if the court deems that it is in their best interests.
Answered on Sep 15th, 2011 at 8:05 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Children benefit most when exposed to both parents, assuming both are fit and not a danger to the children. Your antiquated comments about "changing diapers, etc." may be relevant to a point. However, your question belies an old stereotype that is being changed in most forward-thinking courts.
Answered on Sep 15th, 2011 at 1:22 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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In Ohio, joint custody is called shared parenting. Shared parenting is not about the time the children spend with each parent, but about joint decision making. With shared parenting, you and your husband have to discuss and agree upon the important decisions in your children's lives, such as medical treatment, school placement, extracurricular activities, religious training, and disciplinary measures. To avoid shared parenting, you would need to show the court that you and your husband cannot make decision together regarding your children, that your husband does not make good decisions for your children, or that there is history of domestic violence.
Answered on Sep 15th, 2011 at 1:15 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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His chances for joint custody are probably pretty good. The State of Ohio favors that. See a domestic relations lawyer near you SOON.
Answered on Sep 15th, 2011 at 1:14 PM
Glen Edward Ashman
No one can give you odds, but judges prefer joint legal custody. He will probably do very well because judges abhor hearing a parent say what you said the way you said it. It is VITAL that you get a lawyer, who can properly present the same arguments in a way that will improve your chances, rather than how you presented it.
Answered on Sep 15th, 2011 at 12:47 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado the term "joint custody" is meaningless. If you are using the term as referring simply to describe whether or not the child will spend any time with the father, it is almost certain that the father will be awarded some amount of "parenting time". It is very unlikely that a court will deny him any time with the child. Colorado's system expects that a comprehensive Parenting Plan will be developed and ordered by the court. If you and the father cannot agree to a suitable Plan, the Court will establish a Plan based on what it considers is best for the child. As a starting point, the court will presume that what is best for a child is to have two, loving, caring parents involved in parenting. That means the Plan will have deal with how much time the child will spend in each parent's home, who makes the decisions, and who has what responsibilities.
Answered on Sep 15th, 2011 at 10:57 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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His chances are Excellent. This is the preferred arrangement for the court. He can learn to change a diaper.
Answered on Sep 15th, 2011 at 9:10 AM