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? asked in Family & RelationshipsFamily · 1 decade ago

Will a judge rule for joint custody if the parents dont agree on it, mother dosent want it?

Im the mother and i have at the moment full custody of my son...my custody battle with his father is in 5 months, i have heard that a judge wont grant joint custody if the mother dosent want it or if both partys dont agree, how often is this ruled against?

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  • 1 decade ago
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    There are a few states where joint custody is not available, such as Ohio. There are other states that both parties have to agree, such as NY. Then there are other states where Joint custody is the default for the court system and you have to put up a VERY good reason why he shouldn't have joint custody.

    Keeping in mind that joint custody does NOT mean 50/50 time split! The term joint custody typically means more like 85/15 time split, the parent that has the 85% has the child during the school week, and gets child support. The other parent has the child every other weekend and a few weeks int he summer and every other holiday.

    The courts want BOTH parents in children's lives, not just one, and if one parent is seen as blocking the other parent, for example if the courts feel that you are blocking the dad access to the child, they may give the sole custody to the dad because he is more likely to foster the parent child relationship with you, the other parent.

    Be VERY careful! The days of the mom getting what she wants because she is the MOM are over! Just ask my step-son's mother...my husband has custody of their child and it wasn't because he wasn't being fed, or clothed and the mom wasn't on drugs! The courts felt that the better place for the child was with me and my husband than the mom.

  • 1 decade ago

    It is actually very often ruled against. There needs to be a good reason for you not wanting joint custody. Be warned-- don't tell the judge that the reason is because you don't like him, or some other opinion you have of him. There needs to be a FACT that will convince the judge that your children should not see their father. If you provide actual facts, he will most likely grant visitation rights, or even supervised visitation rights. However, if you do not have valid reasons for not wanting joint custody, it is best not to bring up opinions because it will weaken your case.

    If you don't want your children to see their father at all-- there is something HE can do.. which is to sign over his rights. However, be warned, if he signs over his rights, he won't have to pay child support. As long as he wants his rights, he has just as much rights as you do to see his children.

    Also be careful not to do anything that would give him and his lawyer reasons to get full custody of your son. If you act irrationally, they can spin it, and he will have full custody while you will be the one fighting for visitation rights.

    Good luck!

  • Anonymous
    1 decade ago

    you need a good reason why he can't have custody. if he's unfit or if you feel your son is in danger and you have proof the judge should go in your favor. you definitely need a lawyer for something like that. my ex husband is an alcoholic and use to take children to the bar during visitation and the judge still ruled for joint custody. the judge did warn him though to clean up his act otherwise he would take the joint custody away. good luck you're going to need it.

  • 1 decade ago

    It depends on the situation. If he's a good dad, you have no reason to not want joint custody. If he's not as good, tell the judge that he wouldn't be a good parent. It also depends on how old the kid id.

  • 7 years ago

    "I am headed to court next week in an attempt to stop the judge from granting visitation rights to my daughter father.... he is out of jail and did serve time in prison for physically abusing me<br/>Moreover, when our daughter was 5 --- shes 11 now'''' he fondled her and placed his hand inside her vagina.... I later found out ... and my daughter received counsel...and these facts are documented by my doctor that my daughter was violated.... how do I approach the judge to stop my ex from getting visitation rights...

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