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What does a judge consider GOOD reason to award sole custody with visitation as opposed to joint custody?

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Anonymous

Asked by Anonymous at 9:46 PM on Aug. 10, 2009 in General Parenting

Answers (7)
  • It's going to depend on the age of the kids, the individual circumstances, and the judge. Usually, the ones that are the "no brainers" that you could say pretty much every judge is going to do are the ones that are so bad they don't get to have visitation anyway, at least unsupervised. That would be things like proven repeated drug use / addiction, one parent is in prison, etc.

    Btw, joint custody doesn't always mean that the kids go back and forth living with one parent then the other. Joint custody can also mean that one parent or the other is the custodial parent - meaning the kids live with them and visit the other - but that both parents get a say in things like if they have to go to counseling, getting copies of report cards sent to them, the option to also go to parent / teacher conferences, etc.

    Judges aren't too quick to take that right away from either parent.
    sailorwifenmom

    Answer by sailorwifenmom at 9:56 PM on Aug. 10, 2009

  • Many good reasons. Past abuse, drugs, best interests of the children etc.

    legalmommy101

    Answer by legalmommy101 at 9:57 PM on Aug. 10, 2009

  • if your trying to find a reason to keep the father away from his kids then i feel bad for you. it is one thing to want to keep your kids safe if they are in real danger but it is a total other thing if your doing it just to be spiteful and vindictive. To many women lie about this and then when some one really needs to have protection for their kids they dont get it because the judge thinks their lying.
    and what ever you do try to use you had better have good solid proof and even if they did drugs in the past they can still get visitation if they stay clean and get tested by the courts before their visitation starts!
    mrssundin

    Answer by mrssundin at 10:10 PM on Aug. 10, 2009

  • Oh, don't get me wrong, I have never denied him visitation, and don't at all want to deny him visitation. I WANT her father to be consistent in her life, which, physically and financially, has NOT happened so far. I don't want sole custody out of spite of vindictiveness....I truly believe it IS in the best interest of our one year old daughter, who already, since the day she was born, has been in my sole care, and who I've supported financially. And that is only ONE of MANY MANY MANY things. -OP
    Anonymous

    Answer by Anonymous at 10:26 PM on Aug. 10, 2009

  • I have joint LEGAL custody and SOLE physical custody. So in other words they live with me, attend school where we live and their father has a set schedule for visits. If he doesn't abide by the schedule then it's up to me what happens. The only role joint legal comes into play is for financial decisions, health, religion, etc. There are many different definitions in different states so I would consult an attorney for accurate advice.
    Anonymous

    Answer by Anonymous at 10:32 PM on Aug. 10, 2009

  • I have joint LEGAL custody and SOLE physical custody. So in other words they live with me, attend school where we live and their father has a set schedule for visits. If he doesn't abide by the schedule then it's up to me what happens. The only role joint legal comes into play is for financial decisions, health, religion, etc. There are many different definitions in different states so I would consult an attorney for accurate advice.

    That's what I was trying to say, only put so much better :-)
    sailorwifenmom

    Answer by sailorwifenmom at 10:58 PM on Aug. 10, 2009

  • Have already consulted an attorney who is pretty certain they will award me with sole LEGAL and PHYSICAL custody with visitation, considering all the circumstances. He (my soon-to-be-ex husband) is wanting to fight it though. -OP
    Anonymous

    Answer by Anonymous at 11:56 PM on Aug. 10, 2009

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