joint custody case?

Question

The Solomons separated, and a custody dispute arose over their eight-year-old son, Arnold. The mother lived in an apartment and earned a minimum wage working as a server at night in a licensed restaurant. The father had some drinking problems but was working steadily and was willing to pay a neighbour to prepare lunch for Arnold.

In this case if i were the judge I would rule that the parents receive joint-custody and a split schedule but I don't know what the basis for this decision could be? any suggestions?

Answer 1

Joint custody is the court's preference if it will work.

The court looks to the :best interests" of the child in deciding custody issues. In your fact situation, the mother's working at night might raise a question as to who is watching the child while she is away? And the father's drinking will be a question mark for the court as well, if it puts the child potentially at risk.

With no other facts known, your decision to try joint custody fits with the usual practice of the family law judges.

Answer 2

The fathers drinking problems and how it would effect the care of Arnold, is the obvious one.

If you can prove that the father is drunk when he is around Arnold, and it effects his ability to care for him as evidence by the father having a neighbor prepare lunch for him you could have a sound case.

From a Child Protective Service stance unless the father is passed out drunk or inebriated to the point where he can't appropriately care for him you don't have a case.