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indian · May 4, 2007, 07:28 AM

I have joint custody with the ex, and my lawyer advise me to get full custody because I have greater chances in winning since I went against my lawyer got joint what are the chances of getting full now? On top of that he had put a ban that I can't travel anywhere with her, now he is saying that I have the option to travel with my daughter , I can apply for a passport and have to tell him 3 weeks in advance and supply an iterniary. My major focus is to get full, the way it is at the moment the child goes over on Friday and home to me on sat. Help

ScottGem · May 4, 2007, 07:37 AM

Originally Posted by indian

My major focus is to get full, the way it is at the moment the child goes over on friday and home to me on sat. Help

First its not a good idea to piggyback your question on someone else's thread. It can just confuse matters. So I'm requesting your posts be moved to their own thread.

Second, you may be mixing up custody with visitation. Custody refers to a parents rights to be involved in the child's upbringing. Joint custody simple means both parents have a say in raising the child. Visitation is the right to spend time with the child.

So you need to define whether you want to block visitation or not. Unless there are issues of abuse you stand almost no chance of getting full custody. I don't think you got good advice from your lawyer about that. As long has he has visitation rights, he can put restrictions on travel.

If he has been exercising his visitation rights and there is no issues of abuse, then I doubt if you can change things.

tawnynkids · May 5, 2007, 12:12 PM

I would like to further clarify the terms used. There are 2 main parts to "custody".

There is "physical custody" often referred to as being a primary residence or a non-primary residence custody. That speaks to the physical placement of the child. Typically, one parent (the custodial parent) has the child a majority of the time. The non-custodial parent, has visitations rights. This can also be termed joint physical custody.

Then there is legal custody, which pertains to all the decision making aspects of child rearing. The right and obligation to make decisions about a child's upbringing, including schooling and medical care.

Most states award joint legal custody automatically. You usually must show that the other parent is mentally, or emotionally incapable of sharing legal custody. This is very difficult if not impossible to do.

You are not likely to get "sole", as it is termed correctly, physical custody without what it called a "change of circumstance". That would need to prove with a preponderance of evidence that a change in the current arrangement would be in the best interest of the child. Serious mistreatment or violence against a child are examples of reasons for a change in circumstance. Simply disagreeing with the parenting style of your ex or not wanting to have to cooperate with them is not.

Matt3046 · May 5, 2007, 10:23 PM

The guy only has the kid one day a week and you want to not alow him any time?
Here's the thing children have rights, just like adults. And one of those rights is to spend time with both parents.
The lawyers will always tell you to go to court, (it's how they get paid) Like the old saying "don't ask the barber if you need a haircut"

vlee · May 5, 2007, 11:37 PM

Hmmm... not always true Matt... my lawyer recommended not going to court... as I would lose things like the sole legal custody I have now. (It would automatically be changed to joint legal custody.) But it depends on the lawyer and the circumstances. Sole legal or physical custody are rare, and both are difficult to achieve.