QUESTION

What are the grounds for a judge granting full custody instead of joint custody?

Asked on Aug 28th, 2013 on Divorce - Utah
More details to this question:
Looking into an uncontested divorce but my wife is fighting me saying she wants full custody since I am currently unemployed but I still see my kids and keep them on days whenever necessary. I was paying support but not since I lost my job.
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7 ANSWERS

Family Law Attorney serving Salt Lake City, UT
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The court looks at the best interests of the children and makes a determination on whether or not the parents can work with one another to implement a joint custody arrangement. The court will also look at which parent has provided the majority of care for the children during the marriage and whether either parent has been impaired by drugs or alcohol in the past. The court can also look at the prior arrangements between the parties dealing with custody and parent time. If you are unemployed, you are actually able to spend more time with the children and therefore it might be more likely that you would be awarded joint legal custody. Ultimately, it may be more important how your parent time is defined (how much time you spend with your children) rather than what the custody arrangement is called (joint vs. sole).
Answered on Sep 05th, 2013 at 2:05 PM

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Civil Litigation Attorney serving Summerville, SC at The Powers Legal Firm, LLC
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Answer: There are many factors for child custody. In South Carolina there are 13 factors for child custody. Your employment and payment of child support could be one thing the judge considers. If you have an uncontested divorce you and your spouse would need to agree on everything. It sounds like you do not agree on custody, therefore uncontested would not be the appropriate path for you. I would recommend speaking with an attorney regarding your case. Custody is very complicated and can hinge on many factors, which vary by each judge. Do not enter an agreement regarding custody especially just because your spouse is saying you should. I would recommend you speak to an attorney.
Answered on Sep 05th, 2013 at 2:05 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Generally the grounds are that the children would be in danger if with the parent that does not have custody. Working, not working, arrogant or a wimp, generally do not matter.
Answered on Sep 05th, 2013 at 2:05 PM

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It sounds like you should have joint custody. And it also sounds like you could get spousal support and child support if she is working. Remember the old adage. "What is good for the gander is also good for the goose".
Answered on Sep 05th, 2013 at 2:05 PM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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The payment of support does not impact a parents rights to custody. If uncontested then both of you would agree on the parenting plan which it doesn't appear. Meeting with a Mediator to discuss your issues would be beneficial and be the best to keep you as amicable as possible for the children.
Answered on Sep 05th, 2013 at 10:52 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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The amount of support you pay, or the amount of support ordered, should have no bearing on custody.
Answered on Sep 05th, 2013 at 10:51 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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In Utah, the factors a court routinely considers in making its child custody determination are: 1) First and foremost to the children's primary caregiver is. "Primary caregiver" is stupidly defined by most Utah courts to mean whoever spends the most time in the physical presence of a child in caring for a child. This means that if a husband and wife have agreed that the husband has the superior earning power and will work 9 to 5 to provide his family with the necessities of life, while the wife stays home to care for unsupervised children personally on a daily basis, the wife if "the primary caregiver." Never mind that what enables the wife to stay home with the children and provide personal care to them during the day if the husband working 9 to 5 during the money making that possible. As you can see, I don't think the primary caregiver factor in the way it is defined in Utah is fair or equitable to parents or children, but I don't make the laws. 2) Parental fitness. Obviously, primary caregiving isn't very important if the caregiver happens to be an abusive or neglectful parent. 3) Residential environment. If a parent wants sole or joint custody, but lives in a van down by the river, that parent's prospects are poor. 4) Parent schedule. Although our culture is changing, men still work outside the home more than women, and women are full-time homemakers in larger numbers than men. So if a man wants sole custody or joint custody of his children, but works 40 hours or more outside the home, that makes sole or joint custody unworkable. So to the unemployed man who asked the question, "Can I get joint custody of my kids?", the answer is, maybe, and your unemployed status actually helps you make a claim for joint custody because, as you stated, you can take care of the kids when your wife is working. Where there is a fight over child custody in a divorce, I can't imagine trying to obtain a joint custody award without an attorney's help. Best wishes.
Answered on Sep 05th, 2013 at 10:50 AM

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