How can father get joint custody

The Different Types of Child Custody. Learn the difference between legal custody, physical custody, sole custody and joint custody.

Physical Custody Physical custody means that a parent has the right to have a child live with him or her. Legal Custody Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. Sole Custody One parent can have either sole legal custody or sole physical custody of a child. Joint custody may be: joint legal custody joint physical custody where the children spend a significant portion of time with each parent , or joint legal and physical custody.

Joint Custody Arrangements When parents share joint custody, they usually work out a schedule according to their work requirements, housing arrangements and the children's needs. Other joint physical custody arrangements include: alternating months, years, or six-month periods, or spending weekends and holidays with one parent, while spending weekdays with the other. There are, of course, disadvantages: Children must be shuttled around. Parental noncooperation or ill will can have seriously negative effects on children.

Maintaining two homes for the children can be expensive. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Related Products More. Building a Parenting Agreement That Works. California General Declaration. View More. Even if you later show through genetic testing that you are not the biological father of a child, you may nonetheless be considered the father of the child in the eyes of the law if you have previously signed a Recognition of Parentage.

For example, in the case Losoya v. Richardson , the Court of Appeals held that given the incontrovertibility of a blood test showing the child was not the offspring of a man previously adjudicated as the father, the mother and the County could not continue to pursue child support enforcement efforts against him.

Still, having to scientifically disprove the assumptions underlying a valid court order is a situation no one wants to find himself in. Establishing custody is different from establishing paternity. Establishing custody simply means deciding who has the authority to provide care and control for the child. There are two types of custody: physical custody and legal custody. Physical custody is about where the child is actually spending his or her time.

Legal custody concerns the authority to make intangible parenting decisions — such as where the child will go to school, what kind of medical treatment he or she will receive, and whether he or she will be given religious instruction or will not be indoctrinated into any particular faith.

In reality, in the vast majority of cases, the parents share joint physical and joint legal custody. That is, the child spends some time with one parent and some time with the other parent, and the parents make joint decisions regarding the intangible aspects of raising a child.

Even if one parent is awarded sole custody, the other parent will still usually get parenting time visitation with the child. When deciding on custody arrangements, a Minnesota court will consider the best interests of the child. It's best for your children, and it will be best for you in court. A father wishing to get joint or primary custody of his child following a divorce action should consult an experienced family law attorney.

An attorney can explain the factors the court will consider in determining custody and help you try to prove that you would be the better or an equally good custodial parent. Laws differ from state to state, and conventions differ from judge to judge. An experienced local attorney will know how your court and your judge typically decide these issues, and help you put on the strongest possible case for custody. A lawyer can also help you negotiate a custody arrangement with your spouse.

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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Although the law no longer presumes mothers are better parents, the best interests of the child often dictate that children stay with mom.

Who Is the Primary Caregiver? Parent-Child Bond Another factor courts use in making custody determination is the relationship between parent and child. Relationship With the Other Parent In many states, the law presumes that children will be best served by having a meaningful relationship with both parents.