what is joint custody defined as or limited to when there is a visitation schedule attached to it?

Question

on a default trial court: my child custody case was given joint custody, why? What does it mean to have joint custody exactly? I was requesting sole custody of her along with a visitation schedule for the dad to give him the chance to bond because my doughter (14 months old) does not kwow who he is. So I don't understand why the judge ruled joint custody along w/ my supervised visitations plan for the father? what was the point of filing for default on the case and requesting full custody of her? what can I do to reverse this? I don't want joint custody because he's hardly around, I am the one who takes care of her and spends with her most of her time, why should he get this right if he isn't around...I'm furious about the decision but I didn't want to upset the judge by saying "no" on his judgment. Should I go back and appeal his decision? What can I do or how do I do this? How should I approach the court on this?

Answer 1

You can appeal. It takes a lot to show a parent not fit for joint custody. Usually this happens when the other parent has had a checkered past. For example, in trouble with the law, drug problems, unstable mental health, beat the children or wife. If the guys only problem is that he doesn't stick to his visitation schedule it may be hard. But a good lawyer probably could help you get this done.

The joint custody just means you can not make any legal decisions for her by yourself. i.e. She is on her death bed and you want to pull the plug. You would need his consent also. Also keeps you from leaving the state and relocating without him knowing or approving.

If the father is not a bad person and his only fault is not sticking to his scheduled visits I don't think that means he should give up his joint custody. You mentioned your child was months old. It is just the begining of her life, he may get better as he and the child get older.

Answer 2

If you have joint custody with a vsitation schedule, you must abide by said schedule. If he is hardly ever "around" then spare yourself some stress, and expect that over time, he will lose interest, not excersise his right to visitation and go away....(other than the child support).
It sounds more like what you have is joint custody with you having primary physical custody, that's different, but again, if there is a visitation schedule, you still must abide by that schedule.
If there is any reason other than your not liking it that you do not believe your husband shoud be involved with your daughter than speak now, don't be concerned about upsetting the judge, just give the reasons and go through the motions, if it is simply that you don't like it, then as hard as it is, calm down and remember if he is an okay guy she has a right to know him if he is willing.
I have been through this, it is never easy, and I feel your anger. You wonder, or at least I did and it sounds like you are too, how yu can give joint custody to a guy who doesn''t really give a shi* other than to make you miserable.
Why do his visitations have to be supervised?...
If he's a loser he'll forget about her and go on, or he will do something stupid and then you can get the visitation removed, if he grows up, maybe he can be a good dad, or at least a show up one, you can't prdicict the future. Try to relax, I know it is easier said than done, check the default decision again, see if it is joint or joint w/ you having primary physical...
never ever easy but hang in there it gets easier. This won't be your last run in with him so you need to find ways to not let it get under your skin so much...good luck to you.

Answer 3

Every state has differences in the laws regarding custody in a divorce, but in most cases now, joint custody is being awarded unless one of the following is shown in the divorce. If one of the parents can be shown to have abandoned, mistreated, be a danger, live an unacceptable lifestyle or is in some other way proved to be an unfit parent, then the other parent will normally be awarded full custody. So unless you are prepared to prove that the dad is an unfit parent, you will probably be wasting your time. If the dad is willing to just give you full custody that is another time when the judge will award full custody. If he is never around and does not come to visit when he is supposed to or fails to spend time with her, you need to document how many times he has failed to come get her, show up for events (you have to let him know they are happening in advance), pay child support and stuff like that. Then you can take that back to the judge and ask for full custody because he never shows up when he is supposed to and does not take any part in her life.

Answer 4

It means you both have custody. You have to make decisions together about your daughter. That means you need to be able to communicate. If you can't communicate, show examples.
If he won by default, it means you didn't show for court and he automatically won.. if I read that right.
Unless he does something awful, that makes him a bad father, there isn't much you can do.
I got sole custody and my ex got no visitation rights until he underwent a year of treatment, being clean and sober and parenting classes. He did none of the above except show he was irresponsible. You just need to keep a close eye on him.
Keep a journal! If he doesn't show for visitation regularly, get an attorney and see about getting sole custody.

Answer 5

Courts will not usually give a parent sole custody if the other parent wants to be envolved. You have to have proof that he is a horrible father and a threat to your daughter to even have a chance with getting sole custody. Courts think kids need 2 parents if it is possible and wanted by both parents. It sounds like you got primary placement of the child with you though and that is good. Joint just means he does get "some" say in his daughter and you have to let him see her rather than if you would have gottem sole you woudn't have to let him see her. If the visitation rights for hm isn't for 50%of the time for one yiou should be getting child support and primary placement. You need to read the court order carefully and see if it says anything about you moving the child away, if you'll need to get his permission and stuff like that. But you don't have to let him be involved with everything. He just gets some say in big decisions. Ihave joint custody with my sons dad and it isn't bad, It is like I do have sole custody becasue i make all of the decesions about him and his dad just get to see him on our worked out visitation days. I do have final say with my son though since i have primary placement (Which means I have my son for over 50% of the time) and I am the one who is raising him.
You can appeal it but I would just see how it goes. If something happens you should talk to someone and see if it is big enough to appeal for sole custody. But if you do You need to get a lawyer.
Good luck!

Answer 6

That's pretty standard these days. I'm not really sure what the differences are. I think it means you can both make decisions for the child medically and financially, etc., but the managing conservator (you?) determines residence and things of that nature. Read you documents thoroughly. They will tell you what rights you both have. If you have any questions ask your attorney.