Difference between revisions of "Get Joint Custody"

In most states, custody determinations are split between “legal custody” (decision-making authority) and “physical custody” (residence). Joint custody also called shared custody, is an arrangement that allows both parents decision-making and/or physical rights with regard to their child.<ref name="rf1">http://www.nolo.com/legal-encyclopedia/types-of-child-custody-29667.html</ref> If both parents can agree on all aspects of legal and physical parental responsibilities, then a joint custody agreement is generally a straight-forward process. However, sometimes one parent has to make a case to earn joint custodial rights.  

#* Child support agency cases, which occur when you are the subject of a local child support enforcement case.<ref name="rf2">http://www.courts.ca.gov/1185.htm</ref>

#* Child support agency cases.<ref name="rf2" />

# Locate the appropriate court. You will file your petition for joint custody in the same court you opened your family law case in. Generally, you will open your family law case in the country where your child lives.<ref name="rf3">http://info.legalzoom.com/petition-court-custody-21363.html</ref> This is true even if you live in a different county.

# Complete the necessary forms. In order to petition the court for joint custody of your child, you will have to fill out a request for an order.<ref name="rf4">http://www.courts.ca.gov/1185.htm#acc11690</ref> This form will require you to divulge information including your request for custody and the facts supporting your request.<ref name="rf5">http://www.courts.ca.gov/documents/fl300.pdf</ref> These facts should indicate why you deserve custody of the child and how your custody request will be in the best interest of that child.

# Review your forms. Once you have filled out the required forms to request a custody trial, you will want to review them carefully. These forms are going to be the basis of your custody argument, so you want to make sure they have been filled out accurately and completely. If you will not have the help of an attorney, consider using some of the free legal resources available to you. For example, in California, you can contact a family law facilitator or a self-help center for assistance with these forms.<ref name="rf4" /> If you are in California, use [http://www.courts.ca.gov/selfhelp-facilitators.htm this link] and [http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm this link] for more information about those resources.

# File the forms. Once your forms have been reviewed and you have determined they are ready to file, you will want to go to your local courthouse to file them. At the courthouse, file your forms with the clerk of courts.<ref name="rf4" /> The clerk of courts will take possession of your forms and will require you to pay a filing fee.<ref name="rf4" /> Fees will differ from state to state, and even county to county. If you cannot afford the fee, you can always ask for a fee waiver.<ref name="rf4" /> In order to receive a fee waiver, you will need to show some sort of financial hardship.<ref name="rf6">http://www.courts.ca.gov/selfhelp-feewaiver.htm</ref> For example, you could show that you are receiving public benefits or that you do not have enough income to provide for basic necessities and pay the filing fee.<ref name="rf6" />

# Serve the other party. When you serve the other party, you will hire someone (the sheriff or another competent adult) to give a copy of your filed documents to the other party to look over and respond to. To serve the other party, the person you hire must provide the required documents to them, either in person or through the mail.<ref name="rf7">http://www.pacode.com/secure/data/231/chapter1930/s1930.4.html</ref> If you are serving someone through the mail, it must be sent by certified mail. In Pennsylvania, this process must be completed within 30 days of filing your documents with the court.<ref name="rf7" /> In some states (e.g., Michigan), your answer must also be served on the other party at least five days before the hearing if you provided service through the mail, and at least three days before the hearing if you have the other party served personally.<ref name="rf8">http://michiganlegalhelp.org/self-help-tools/family/being-defendant-custody-case</ref> For more information about serving another party, look [http://www.wikihow.com/Serve-Court-Papers here].

#* In addition to serving the other party with the documents you filed with the court, you will also serve the other party with a blank response form and a blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.<ref name="rf9">http://www.courts.ca.gov/1185.htm#acc11688</ref> These documents will be used by the other party in order to respond to your filed lawsuit.

# Take part in mediation. If the other party filed an answer and you did not get a default judgment, some courts will require you and the other party to take part in mediation before you can go to court.<ref name="rf2" /> If your court requires mediation, you and the other party should make a good faith effort to agree on the terms of custody there, which will allow you to avoid the trial process. For more information about mediation, look [http://www.courts.ca.gov/1189.htm here].

#* In California, in order to validate a custody agreement, you must first fill out a [http://www.courts.ca.gov/documents/fl355.pdf Stipulation and Order for Custody]. Once you fill out this form, you will obtain the judge's signature on your stipulation and you will file it with the clerk of courts.<ref name="rf2" />

# Understand what you need to prove in court. If you were unable to reach an agreement during mediation, or if your court does not require or offer mediation services, you will have to go to court and tell a judge why you deserve joint custody of your child. Since you are asking for joint custody, the court will look to a variety of factors to determine what is in the child’s “best interests.”<ref name="rf10"> http://family-law.lawyers.com/child-custody/the-childs-best-interests-in-custody-arrangements.html</ref> These factors will differ by state.  They will be listed in either a statute passed by the legislature or in a court opinion issued by your state supreme court.  

#* Courts will look at different factors, depending on the state. Michigan, for example, considers: the love and affection existing between the parties and the child; the ability and willingness of the parties to provide food, shelter, clothing, and medical care; moral fitness of the parent; stability of the custodial environment; and mental and physical health of the parties, among other factors.<ref name="rf11">http://courts.mi.gov/administration/scao/resources/documents/publications/manuals/focb/custodyguideline.pdf</ref>

#* Among a variety of factors, Kentucky considers the wishes of the child; the child’s adjustment to home, school, and community; the mental and physical health of all individuals involved; as well as the interaction and interrelationship of the child to each parent and to siblings.<ref name="rf12"> http://www.lrc.ky.gov/Statutes/statute.aspx?id=1464</ref>

# Think about the science behind parenting. Studies in developmental psychology have shown that the child has formed deep attachments in the first three years of life. Severing the attachment between one parent and the child, especially if the child lived with both parents during these years, can have psychological ramifications.<ref name="rf13">http://www.scu.edu/ethics/publications/iie/v11n1/custody.html</ref>

# Engage in discovery. The first pretrial stage you will encounter will be discovery.<ref name="rf14">http://www.courts.ca.gov/1093.htm</ref> During discovery, you will have the opportunity to collect facts, get witness statements, find out what the other party is going to say at trial, and get an idea of how good your case is.<ref name="rf14" />

#* If you take part in informal discovery, you may conduct interviews with witnesses, collect documents, and take photographs.<ref name="rf14" /> These are all considered informal discovery processes because they are things you can do on your own while working with cooperative people.<ref name="rf14" />

#* If you need to use formal discovery, you will utilize various tools to require uncooperative parties to give you information you need.<ref name="rf14" /> These tools include: interrogatories, which are written questions the other party must answer; depositions, which are in-person interviews with an opposing party or witness; requests for documents, which asks the other party to produce documents you want to see; and requests for admissions, which will involve you asking another party whether certain statements are true.<ref name="rf14" />

#* You will likely have to take part in multiple interviews, some being conducted with the other party and others being conducted alone.<ref name="rf11" /> The evaluator will ask questions to try and determine if giving you joint custody will be in the best interests of the child. For example, you may be asked, “How do you show love for the child?”<ref name="rf11" />

#* Also, you may be asked to provide the evaluator with community and school records. The evaluator may want school records, such as disciplinary violations, or a record of the community activities the child participates in. You will need to sign a release for the evaluator to access them.<ref name="rf11" />

#* The evaluator may also want a “home record.” This consists of information about the child’s behavior (outgoing or withdrawn), as well discipline problems and relationships with siblings.<ref name="rf15"> http://courts.mi.gov/administration/scao/resources/documents/publications/manuals/focb/custodyguideline.pdf</ref>

#*Do not ask leading questions.<ref name="rf16">http://research.lawyers.com/direct-and-cross-examination-of-witnesses.html</ref> A leading question states a fact and then asks the witness to agree. For example, “You never spank your child, do you?” is a leading question. Instead, the lawyer should ask a series of questions such as “How often does your son misbehave?” “Do you punish him?” “How do you punish him?” Then the attorney can ask, “Have you ever spanked your son?”

*Do everything possible to avoid putting your child in the middle of disagreements between you and the other parent. Do not put more stress on the child in an already stressful situation.<ref name="rf17"> http://traversecityfamilylaw.com/CanAChildChoose.htm</ref>