Q: Judge Ordered "Joint legal, physcial Custody"
Joint Physcial Custody?
Russian Wife is staying in a shelter with autistic 3.5yo child and divorce is proceeding. She filed TRO and granted temp, but at the hearing, Judge denied with reason "She has no credibility". I filed RFO custody and hearing is the end of August. Right after DVRO denied, Wife didn't cooperate parenting plan, so I filed Ex parte for my sole custody and Judge granted "Joint custody" as modification without dietail of parenting time, and then Although I suggested wife an exact divided parenting time : 3days+one day alter, wife is still insisting my visitation only that I did during TRO in effect. wife's shelter is 45miles away and she has no driver licence. Do I have to file another Ex parte with detail of my parenting schedule(50:50) I suggested to wife? I have no job, wife has no job. I had been a primary caretaker until wife left home with child, judge knows.
A: Many persons who represent themselves in family court are not pleased with the results. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: It seems that you have been granted joint legal and physical custody of your autistic 3.5-year-old child. However, there are issues regarding the parenting time and cooperation from your wife, who is currently staying in a shelter. Since your wife is not agreeing to the parenting schedule you proposed, and considering the distance and transportation challenges, you may need to file another motion (not necessarily an ex parte) with the detailed parenting schedule you are suggesting, such as a 50:50 arrangement. It's important to provide this information to the court, especially if you were the primary caretaker before your wife left home with the child. As legal matters can be complex, it's advisable to consult with an attorney to ensure you follow the appropriate legal procedures and present your case effectively.
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