How do I file for joint custody?
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How do I file for joint custody?
We need to do everything through the court system to have the child 50/50 and want to do it with no fights.
Asked on December 1, 2011 under Family Law, Florida
Answers:
L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Thank you for submitting your question regarding seeking a 50/50 child custody agreement. However, there are two type of child custody; legal custody and physical custody. Legal custody refers to the decision-making for the child, and physical custody refers to the residence where the child will stay. If you are seeking to split both the financial obligations and physical custody equally, then you will have an easier time having a judge sign off on this type of agreement. Courts seek to do what is in the best interest of the child, and, barring no alarming factors from one of the parents, the child’s interest are best met when they receive care from both parents, as equally as possible.
If you do not believe that you have any disputes to work out regarding the custody and child support orders, then you may not need a family law attorney to get involved. However, sometimes consulting with an expert in this field, such as a family law attorney, will allow you to ensure that you and your ex have addressed all factors to be considered for the drafting of a child support and child custody order. If you still do not want to get attorneys involved, you can likely file for joint custody with the clerk of the court at your local courthouse.
If at any time that you do not comply with the court’s child support or custody orders, you could be found in contempt of court. This could include contempt sanctions, such as a fine or incarceration. However, this should not be a problem if you are both willing to work towards the best interest of your child.
If after speaking with the clerk of the court you still have questions, you may want to at least consult with a family law attorney in your area.
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