How do I file for joint custody?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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. 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption