Can my exboyfriend whom already has joint legal custody of our daughter with him having physical custody try to get sole custody

Asked over 1 year ago - Mason City, IA

He has already won joint legal custody by default and now that he is angry with me and bad talks me, he is telling me that he is going to call his lawyer and have him file for sole custody. I am not an unfit parent. he told me that he could have won sole custody to begin with but i do not believe him because i have never heard of any judge giving sole custody with no reason other than one parent saying something that may or may not be true.

Attorney answers (2)

  1. Lindsey R Buchheit


    Contributor Level 8


    Lawyer agrees

    Answered . He can petition the Court to modify the custody or visitation if there has been a substantial change in circumstances since the Court's last Order. Courts don't like to award sole legal custody to one parent unless there there is a really good reason. Your ex may just be trying to scare you.

  2. Uswah Ayesha Khan

    Contributor Level 7


    Lawyer agrees


    Answered . When considering whether a particular custody arrangement is appropriate, the court uses a variety of important factors, including:

    The suitability of each parent as a custodian
    The psychological and emotional needs of the child
    The ability of the parents to communicate with one another
    Who has and who currently is caring for the child
    Whether the parents are supportive of each other’s relationship with the child
    The wishes of child, depending on their age and maturity
    Whether the parents are both willing to accept joint legal custody
    The geographic locations of the parties
    Any safety or health issues affecting the child, including domestic abuse, a parental mental illness or substance abuse by a parent.

    This answer is not intended or offered as legal advice, and thus the reader should not rely on any information... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Legal custody

Legal custody of a child means that a parent has legal authority to make religious, medical, or other significant decisions that affect a child's upbringing.

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