How to Get Joint Custody of a Child

We have said a while back that joint custody works when separated or divorced parents or parents not cohabiting together consensually share the physical caregiver role and decision-making role in child care by scheduling and child custody agreements. How to get joint custody of a child to work for you both is another thing. Joint custody is awarded to parents who would want to share in child care responsibilities.

With these being said, we examine how to get joint custody of a child.

How to Get Joint Custody of a Child: Things to Consider

As much as possible hire a certified and qualified Family Law Specialist or any similar experienced individual specializing in custody disputes and family law. Your attorney will enumerate the forms you would need to fill up or the procedures you would have to go through. Complete them properly, accurately and truthfully. Also, think of conditions that would be in your child’s best interest. Consider these while you consult with your attorney. Preparation is one of the most crucial steps on how to get joint custody of a child.

Together with the attorney who will assist you in how to get joint custody of a child, you will draft a joint petition or you will first have to file a motion to amend an existing child custody order if one is already in effect. In filing for a petition, you have to cite justifiable reasons for the change or modification or the reasons behind joint custody. Your main arguments must focus on why joint custody is in the best interests of your child. If a custody order is not in effect, you will have to file a ‘new’ motion of joint custody or include how to get joint custody of a child in the petition for divorce.

How to Get Joint Custody of a Child: Filing the Petition

You will now have to file this petition to the clerk of court or proper authorities or court. Expect filing to be complicated if there is more than one state that is involved. Your attorney would naturally favor the home state where the child has resided or lived in for a minimum of six straight months. After filing the petition, you will have to pay a filing fee which generally ranges from $50 to $100.

After filing, you will have to serve a notice of filing. This notice must be served in part for the other parent. This can be done by you through the sheriff, regular or certified mail, or, in some limited cases, through publication in a paper of public circulation. Your attorney will have to handle this step for you.

Compromise with the other party and consider the best interest of the child in mind. Once the other party or parent has the opportunity to file his or her response to your petition or notice, you and the other parent or guardian are likely to settle in mediation especially on how to get joint custody of a child to work for you. For most part, joint custody arrangements are a compromised outcome from mediations. Many courts mandate parents and guardians to come up with Parenting Plans during mediations.

Lastly, go on a trial or hearing as supervised or facilitated by the court. If no compromise has been reached, then the parties will have to go to court and prove or present reasonable evidences and testimonies on whether or not a joint custody arrangement is the best interest of the child.