Q: How likely am I to get Joint Physical Custody with the father only having weekends?
My daughters father and I share custody based off an oral agreement. I want to take him to court to get Joint Physical Custody with him only having her on weekends. I have evidence that supports why he is not responsible enough to have her during school days this includes statements from her daycare that she has been brought in dirty several times. His work schedule also conflicts with his time with her as he is working 8 am to 7pm. Just wondering how likely it is to get that type of schedule.
A:
No one can tell you how "likely" a particular outcome may be. If the action went to trial, the judge's decision would depend on on a host of factors, including: what the standard is in your jurisdiction, work schedules, how cooperative the two of you are in raising her, and how the judge is feeling that day, to name a few. That being said, the rule for determining custody is what is the best interests of the child. Joint physical custody is very common, and considering that his work schedule conflicts with her school schedule, his visitation could very well be limited to the weekends.
Talk to a family attorney local to you about seeking a paternity action.
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