How can I win joint custody of my child during my divorce?

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Question:

How can I win joint custody of my child during my divorce?

Answer:

Joint custody is an arrangement where a child splits his time between his parents. A joint custody arrangement can provide equal time with each parent, or can provide some other visitation agreement where each parent gets a set amount of time with the kids (more time than would be given in a situation where primary custody is awarded).  To get joint custody, if you and your spouse cannot come to an agreement to that effect on your own, you will need to convince the court that it is in the child's best interests to establish a joint custody arrangement.

The court will consider a number of different factors in setting custody in litigated divorces. Ultimately, all of these things are designed to help the court root out what the child's best interests are. If you want joint custody, you will have to be aware of the things the court will look at, and you will have to prove that you can provide a solid, stable, loving environment for your kids.  The court looks at:

  • Who the primary caregiver has been of the kid(s). If you have provided a lot of care to your kids, or if there is no primary caregiver and you and your spouse split duties equally, this will help you get joint custody
  • Who can provide a good environment for the kids. If you believe you both can, prove it. Show you can provide a good home, appropriate support and supervision, and a nice place for your child to spend some of his time. If you can prove these things, this will help you to get joint custody as well. 

Hiring a lawyer is also a good idea when you are fighting for joint custody. Your lawyer can help you gather evidence and prove to the court that joint custody is the best situation for you and your kids.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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