How does joint custody work for an infant who's mother lives in WV and father lives in FL?
My child is 2 months old. His father lives in WV now (where I reside) and is saying he wants to move back to Florida and wants JOINT CUSTODY. How does this work? I have an appointment with my case worker but not soon enough.
We have no custody rights set up, I have the baby in my care and he lives down the street.He sees him now whenever he wants.
Would I have to put my baby on a plane or would there be some sort of summer custody? Please, i need some answers!
Tagged with: appointment • case worker • custody rights • father lives • joint custody
Filed under: General Joint Care
In these cases, it is possible for a court to order joint custody in so far as you both have joint decision making for the child. However, it is unlikely, given a residence in two separate states, that a judge will order joint PHYSICAL custody. This would be very complicated, given the distance and making travel arrangements constantly. I would see if you can find an attorney to represent you, pro bono, meaning without paying him a fee. Or see if you have any legal aid resources in your community. You will need to be able to prove to the court that you are primary care giver, and have always been. And that you are well equipped to care for your child on your own. That way, you will more likely to meet the court’s criteria and get full physical custody, with, maybe joint decision making. And a visitation schedule will have to be worked out between you in advance, so that the child can visit her father.
Good luck with this and everything. I fought for and won full custody of my children in my divorce, so please feel free to message me if you need any more info.
Take good care,
R
The parent living in the state where the child was born would have residential custody and either the child or the other parent would have to travel for visitation.
He won’t get joint custody unless he is willing to travel to your city EVERY week.
I highly doubt he is willing to do this.