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Can I Get Joint Custody

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  • Can I Get Joint Custody

    I am posting this for a friend. He has been divorced for a year and has two school aged children. Everything in the divorce was worked out but he only sees his kids every other weekend. He has joint legal custody but is it possible for him to get joint visitation? She won't agree, but they live a mile apart. Even work at the same place. He is an amazing father and his kids love spending time with him the same as with their mother. He's not trying to take them to get back at her or anything like that, he just wants more time with them. 4 days a month is a joke. Personally I don't see how any court can say that is fair for someone who loves his kids and puts them above all else.
    I just wanted to know if it is possible. He is willing to do whatever it takes, but I have heard this will only be considered if the mother agrees.

  • #2
    Originally posted by SS-454 View Post
    I am posting this for a friend. He has been divorced for a year and has two school aged children. Everything in the divorce was worked out but he only sees his kids every other weekend. He has joint legal custody but is it possible for him to get joint visitation? She won't agree, but they live a mile apart. Even work at the same place. He is an amazing father and his kids love spending time with him the same as with their mother. He's not trying to take them to get back at her or anything like that, he just wants more time with them. 4 days a month is a joke. Personally I don't see how any court can say that is fair for someone who loves his kids and puts them above all else.
    I just wanted to know if it is possible. He is willing to do whatever it takes, but I have heard this will only be considered if the mother agrees.
    He can file for a modification of the custody order and ask for 50/50 custody.
    The problem is that he'll need to prove that there has been a change in circumstances before he can file. He really should get a consult with an attorney to find out what basis he can use for the modification of a 1 yr old order.

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