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Home > Law > Family Law   »   mediation

 
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Old Oct 29, 2006, 11:05 AM
tmack2833
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mediation

My friend took a dna test and the child is his. Shes 2 1/2 months old now and he is seeking 50/50 joint custody, what is his chance of getting it? I think the judge will not give him joint custody because the child is so small and has been living with the mother since birth. And also will the restraining order he has on her be a factor? Because when they went for the DNA order, the judge automatically assumed that she had one on him and when he told him that he has one on her, the judge was like, well i'll make an exception this time, telling him to call her on the phone to arrange for the dna test (which he didnt do, he had his brother call). If she had one on him, i dont think he would be encouraging her to call him, it would be done throught the courts. But because he is a man, it is not taken that seriously.

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Old Oct 29, 2006, 11:42 AM   #2  
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The judge can order or allow one or temp contact for things to be done.
And no you are assumming there are clerks that work for the court that have the time or concern to do these things. If there would have been a big issue, he would have ordered some outside firm to make the arrangements ( at the cost to somebody in the court action)

Rulings are hard to say, depends on so many things and the judge thierself some are very liberal, some are more man's rights, and others are more traditional and the such

But yes they need to work out the child support payments, visitations, custody arrangements and the such, normally both sides make offers for more than they really want and then some better middle ground is reached
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Old Oct 29, 2006, 12:51 PM   #3  
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They have mediation on Tuesday, she has been clear in her documents that she doesnt want him to have joint custody and a list of rules that she wants him to follow like, no overnights for the first 9 months, supervised visits for the first 6 months, things of that nature and he wants more than that. he wants to be very involved in his daughters life. So eventually the judge may have to make a ruling because they are not going to agree. They have a court hearing at the beginning of november.
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