Advantage of Joint Custody Don’t Include Unilateral Change of Timeshare
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Summary
There are many advantages of joint custody, but they don’t include being able to automatically keep your child from the other parent, even if you feel that the other parent is a danger to the child. |
“I would like to know if we have joint custody of our kids but i feel they are in danger when they are with her do i have the right to say they cant go with her?”
In a word, no. Joint custody means that you share custody either equally, or in some proportion usually more than the more traditional full-time with mother and every other weekend with father.
But it doesn’t mean that you can make unilateral changes to your timeshare schedule, or really to any other status quo.
If you truly feel that your child is in danger while with the other parent, then you should immediately have your lawyer request an emergency change of custody from the court. Any delay will only cause the court to assume that the danger is not that immediate.
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For more on this subject check out these categories: Family Law, Child Custody
Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
