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Hi
How do I go about getting joint custody of my children when my wife is determined that she have sole custody?
We have been seperated since March 2012 and up to now I have just had visitation rights. I have always asked for joint custody and it has been a major point of conflict with my ex. It has got to the point I need to force the issue.
Thanks for any assistance anybody may be able to provide.
Hi Bobbrush,
How many children do you have and how old are they? Do you appear on each of their birth certificates?
What level of contact do you currently have with your children? How far away do you from them?
Sorry for all the questions, but just thought it would be better to get a fuller picture before discussing your options!
FM '70
Hi, thanks for the response.
I have three children aged 14, 8 and 5. They live about 1 mile away from me. I have contact on a Sunday and whenever I can if I can.
You've been through the same thing? How did it go?
I've had my fair share of problems with my ex. At one point we were only communicating through solicitors and the situation only improved through a change in circumstances, rather than intention. I have a shared residency arrangement with my ex regarding my son. The arrangement has been in place for over 18 months and things are better, although my ex still has her moments. However this agreement is not enshrined within a court order and if my ex were to stop contact I would have to start the legal process all over again.
I think you want a similar arrangement, which recognises that your children have two homes as they live with your ex and with you at various points in the week. Can I ask why you want this arrangement? Is it to have increased contact with your children? Is it a financial matter? Most dads go to court because they're not having any, or enough, contact with their kids. You do seem able to enjoy regular contact and can apparently see the kids whenever you want at the moment? So I'm not sure that court is the best approach for you at this time.
Your first step, if you can't come to an agreement between yourselves, is to suggest mediation. This is essentially a scenario where a third party helps you to come to a mutual agreement.
If your ex refuses to cooperate you have the option of going to court to apply for a contact order, or a residency order. Shared residency agreements are becoming more popular, but I still think that at this stage that court should only be considered as a last resort.
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