My ex and I divorced in 2005 and I didn't realize that she had put in the divorce papers that she had sole physical and legal custody of our daughter. I am tired of not being able to be involved in my daughters life due to my ex calling all of the shots. I want her to come live with me 1/2 of the time. Every other week or something. I don't know how much it will cost for an attorney but I've heard that I could possibly not be allowed joint physical custody unless both parents agree? She will never agree to losing child support. Do we have to agree? How much will this cost me in legal fees? I don't want to start a legal battle that I have no chance of winning. My biological daughter also has a 1/2 sister that she lives with at her mom's. Could that be a determining factor also? What are my chances of getting my daughter to live with me 1/2 the time?
Answer by Yak Rider
You will need to go back to court and reopen the custody order. My guess is that you'll need at least $ 1,500 as a retainer and that could go up fast. There's no reason you can't get more than you've got right now.
If your ex has financial problems you've got a very good chance of forcing a settlement because she won't be able to afford an attorney and she don't dare go into court without one.
Answer by laughter_every_day
The law prefers joint or shared custody and will go with that unless it is in the best interests of the child to not have it. I can't say how good your chances are because I know nothing about you or your living conditions. If you are a convicted child abuser, living under a bridge, hundreds of miles from the other parent, then your chances are not good.
Answer by Martin9p2
You didn't realize and now you're tired of it? It will cost you a bundle to get an attorney to show that you have a loving and secure home with all the opportunities that are available at mother's house. Mother will ask again and again and again why you agreed to something you didn't realize, and they'll wonder if you're such a good dad why you didn't even know what you were signing. Are you able to show that it's better for your daughter for you to have her half time? Your work is cut out for you, even in the process of finding the attorney who will represent you in this uphill effort. In your case I suggest talking a lot of sense to Mother, about how important it is for daughter to not be out of touch with father, and negotiate for her to give daughter to you every other weekend, and then work up from there.
Answer by ∞infiniti∞
It seems like you wanting your daughter to live with you half of the time because you no longer want to pay child support? That will be frowned upon.
What will happen when she starts school? Do you live in the same school district as her mother?
The fact that she has a half-sibling might complicate things a little bit for you. Courts are reluctant to separate siblings if at all possible.
I think the odds are stacked against you.
However, have you ever considered moving closer to where your daughter lives? As she gets older, you could get involved in her school and sports activities. You would have an easier time of being in her life.
Answer by nymamiyankee
more and more family court judges are awarding joint custody b/c they realize how important it is to have both parents involved in their kids life...u might be able to get a court appointment attorney to try and get joint custody..its a bit surprising to hear that the divorce papers said your wife had sole custody if it was never ruled on by a judge and you werent given the opportunity to ask for joint custody. do you live near your ex? would your child be able to go to the school she is enrolled in? those will all be important factors, as well as daycare, which are issues you should answers for before you go to court
Answer by skating princess
Depends where you live. Most states like joint custody but that doesn't mean you will get her half the time it will mean you have a say in educational,medical issues and what is going on. That is the legal part. As for physical custody it will probably be hard to get 50/50 but you may. Even if you do get 50/50 that doesn't mean you won't have to pay child support. Stupid I know. That will depend on the state also. Usually it goes by how often they are with each parent, income of both parents, who pays health insurance, daycare and medical costs as well as if they are other children not related to the case. Your best bet would be to talk to an attorney and take divorce and visitation papers with you. Alot of lawyers will give you a free consultation. If you do go to court make sure you have a GOOD lawyer not whoever is cheapest.
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Orignal From: Is there anything that could keep me from getting joint custody of my 5 year old daughter?
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