Ask Experts Questions for FREE Help !
Ask
    Willowtree73's Avatar
    Willowtree73 Posts: 20, Reputation: 1
    New Member
     
    #1

    Nov 24, 2013, 11:36 PM
    Likelihood of Joint Custody
    If the father of a child was granted full physical custody (but both mother and father have joint legal), and they live approximately 45-60 minutes away from each other, and the mother files for joint physical to request every other week with the request that she would drive the child to and from school every day on her weeks, what is the likelihood that a judge would agree to this?
    The mother lost custody a couple years prior due to withholding visitation from the father and filing false CPS claims against him for abuse, and for expressing severe antagonism towards father and stepmother that was proven in court. The guardian ad litem also stated that the child was better off with the father and so he was granted primary custody with visitation to the mother. State: Virginia. The child is 7.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Nov 25, 2013, 06:13 AM
    Unless she can prove to a court that she has changed I doubt it the court will change custody. Also, joint physical custody (every other week) will not work unless both parents live in the same school district. Even if mom drives the child, a one hour commute is not going to make the court happy.
    Willowtree73's Avatar
    Willowtree73 Posts: 20, Reputation: 1
    New Member
     
    #3

    Nov 25, 2013, 09:30 AM
    The mother is planning on moving into a house in March, and that will be the only "change" that she has made since custody was changed over to the father, and she seems to think that if she agrees to drive him back forth, the courts will allow her to have joint week on week off.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Nov 25, 2013, 09:40 AM
    I think she's wrong. She seems to have lost custody over behavioral issues. The court would need to be convinced they are no longer an issue.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Change of sole custody to joint custody if both parents live in different states than [ 6 Answers ]

I am trying to find out where I would need to go to change/modify a custody order that granted my ex spouse sole legal and physical custody 3 years ago. He now resides in MA, I now reside in CA, but in may will be moving to TX to live with my fiancˇ. The original custody order (was changed from...

Can I get full custody back after cps gave my mother and I joint custody? [ 5 Answers ]

Can I get full custody back after cps gave my mother and I joint custody

In joint legal custody does can one parent get primary physical custody? [ 1 Answers ]

My child's father is in military and in order to get housing needs to show he will have baby for 50% of yr... in order to do so he needs custody but I'm not trying to give up my legal rights as her mother... what can we do?

Pre-trial, Joint Custody Vs Sole custody fight, witness [ 14 Answers ]

My two sons are currently staying with my ex-wife and I have 2 days a week interim access order in British Columbia, Canada, I stay with my parents. I have pre-trial coming up in about two months. I requested to have joint custody, but she only wants sole. There isn't any danger to my kids from me...

Joint custody/joint physcial custody [ 3 Answers ]

Hello, I got married in 1993, we separated in 1996, got back together in the same year, My now ex-husband file for divorce in 2000, I did not respond to the divorce, I did not respond due to not getting an court date to appear (divorce papers were served to me while living with ex at the time) due...


View more questions Search