Q: What are the chances my daughters father would get more than joint legal custody after 7 years?
We have had joint legal custody her whole life and for the first 5-6 years of her life he only saw her the bare minimum. I just received a letter via certified mail to go to court. I would like to know what the chances are of him getting more custody. Please and Thank you.
A: It is unclear from your question as to whether you are truly asking about legal custody (decision-making power) or physical custody (where the child resides). If you have joint legal custody with the father of your child that means that you both are to make major decisions jointly with respect to religious upbringing, medical treatment and education. If you have joint physical custody, it means your child spend roughly equal time with both of you.
Assuming your daughter's father has asked to modify either legal or physical custody, he will have the burden of proving that there has been a substantial change in circumstances since the court's last order regarding custody and that the change he is requesting is in your daughter's best interest.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.