Legal Question in Family Law in New York
Joint-Custody
Does joint custody mean that I can have my daughter every other weekend and alternating holidays? Do you think that I coulod go to court and get this time with my daughter unsupervised even know my x-wife is against it. I have not done anything to hurt my kid or anything like that. So she is being contoling of the child and my relationship. Plus my parents want to petition so that they can get private visits with there grandchild. I am I waisting my time by patitioning? or do I have a real chance of getting what I want? I am paying my child support now.
2 Answers from Attorneys
Re: Joint-Custody
Joint custody can mean whatever the parties agree it should mean. It can only work where the parties are able to cooperate with one another. While "joint custody" generally refers to the legal arrangement whereby the parents share decision-making authority over the child's upbringing, the time allocated between parents is also an issue to be decided upon. Alternate weekend visits are a typical minimum for the non-custodial parent. You need to consult with an attorney right away to discuss your particular situation. There are very many factors that need to be considered in assessing whether a petition for full custody makes sense.
Re: Joint-Custody
If you want to have increased visitation with your child, I would never say that it is a waste of time to petition for it.
I do not know the facts and circumstances of your particular matter, but it would be up to the child's mother to provide the court with an explanation as to why you should not be given increased visitation. The court would then make a decision.
Best of luck!