Does my ex have any chance in getting joint physical custody if he works full-time, refuses parenting classes, and will be deployed in 2 years?

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Does my ex have any chance in getting joint physical custody if he works full-time, refuses parenting classes, and will be deployed in 2 years?

Asked on September 14, 2011 under Family Law, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Determinations as to custody are always heated issues in a divorce and sometimes for many eyars after.  The general rule - and it remains true in Hawaii as well - is that custody determinations are made in "the best interest of the child." Courts lean toward a shared custody plan that has been worked out between the parties.  But when the parties can not agree the courts will make the decision for you.  The factors that you mention here: working full time, parenting classes and being deployed (although once deployed it will be a factor on reconsideration of the issue) - may not be fatal to joint physical custody if it is presented to the court as a feasible option.  I think you should speak with an attorney in your area.  Good luck.


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