QUESTION
What are the chances of the parents having joint physical custody of their children?
Asked on Apr 08th, 2014 on Child Custody - Rhode Island
More details to this question:
My son and daughter-in-law are entering divorce mediation tomorrow. He is going to seek joint physical custody along with joint legal custody. Their children are 2 1/2 years old and 1 year old. Daughter-in-law works early hours 3 days a week. Their normal schedule was he brings kids to daycare and she picks them up. So what's the chance of him getting joint physical custody? Joint legal custody shouldn't be a problem. He's just worried about their age in the eyes of the court. Thanks!
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Forget the word custody. We don't have it as such in Washington. If you're talking about residential time, there isn't any reason, simply by virtue of the children's ages why they can't divide the time 50/50. If your son isn't represented, he should at a minimum have a lawyer look over any agreements before he signs off on them.
Answered on Apr 10th, 2014 at 7:14 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All things being equal, joint legal custody should be standard. The question is will it be 50/50 or some other schedule. That really depends on a lot of factors. You would think that he would at least get the children on the nights before she works so they don't have to get up early. Add in every other weekend and that is 8 days for him, perhaps.
Answered on Apr 09th, 2014 at 8:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear that they already have joint physical custody in fact. Every divorce, and every custody situation, is unique to the parties and children involved. It is therefore not possible to predict with great certainty any particular outcome. What he is seeking is certainly within the realm of reason.
Answered on Apr 09th, 2014 at 8:43 PM
Mediation Attorney serving San Jose, CA
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Law Offices of Ernest A. Cardona, PC
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Both parents should have equal custody of their children, though the reality is that most of the time the kids live more with one parent than they do the other. In mediation, however, the parents can agree to whatever they want to, so if the mother isn't a pain to work with, they could easily agree on joint physical custody.
Answered on Apr 09th, 2014 at 8:11 PM