QUESTION

what would be a reason sole legal custody to the father of my child if we currently share both joint legal and physical custody

Asked on May 09th, 2017 on Child Custody - Utah
More details to this question:
my daughters dad and I have joint legal and joint physical which is shared equally. However him and I hardly get a long and it makes it had to communicate or agree with one another, he is wanting to take me to court to get sole legal custody of her but i dont feel there are any ground for it to be taken from me i have not made any bad decisions to effect my child he just feels like since this is his second child and my first he should be the one to make the decisions, so i am just wondering what the odds would be for him to take sole legal custody.
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1 ANSWER

Family Law Attorney serving Salt Lake City, UT at David R. Hartwig, Esq.
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The odds don't matter! What matters is the facts of the case, what he can prove and any defenses you may have. You admit that the two of you are not getting along, which means that joint legal and physical custody is contraindicated -- joint parenting requires cooperation and respect for, and with, the other parent. You have two choices: see about having a special master appointed, or go back to court to review the custody arrangements and see what you can do. For your additional information, I have a number of blogs on high-conflict matters that you can find at http://www.hartwig-law.com/blog/high-conflict/. I also have numerous posts on Facebook and Google about these kinds of matters. As to the special master, I have blogs and posts on my website, http://www.hartwig-law.com/blog/special-master/, as well as Facebook and Google. I have also published an article in the Utah State Bar Journal, Co-parenting with a Non-cooperative Parent; Potential Alternatives to Reduce Conflict, which you can find at https://www.utahbar.org/wp-content/uploads/2017/05/May_Jun_2017_FINAL.pdf, beginning at page 18. So, you do have options available to you. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 Be proactive, start prepaing now. David R. Hartwig
801-486-1715
  
Answered on May 10th, 2017 at 7:18 AM

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