Question:
How do I get shared custody of my child? My ex-spouse claims that if we were to go to court, that I would not get to see my child that often. Is this correct? What would prevent me from seeking split custody?
Answer:
While I am not licensed in your jurisdiction, I can give you some general information about child custody. What the court considers in determining custody will depend on your state’s law. If you do not have a custody order in place at this time, if you went to court, the judge would attempt to create a schedule that protects your child’s best interests. Generally, there is not a presumption that one parent is better than the other. The judge may hear testimony and see evidence regarding, for example, each of your roles in your child’s life, your ability to co-parent, whether your home is appropriate for your child, your child’s developmental needs, and your physical and mental health.
If you are looking to modify an existing custody order (whether it was made by a court or agreed upon by you and your ex-spouse), you may have to establish for the court that some circumstance has changed since the last custody order was entered, and how your child benefits from changing the custody schedule to give you more time. If your ex-spouse is withholding visitation time from you, some courts may consider this significant enough to change a custody order.
Finally, although it is tempting to think of time with your child as a game of numbers between you and your ex-spouse, try and think of it as obtaining as much quality time with him as possible (whether that is more or less than half the time). While a “50/50” schedule may work while your child is very young, it may be less feasible once he starts school. Continue to be as actively involved in your child’s care and upbringing as you can under your existing arrangement.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.