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Can my sons father get joint legal custody

Fort Washington, MD |

in 2008 i was awarded sole legal physical custody in a pende lite hearing, i now filed for divorce 2010 and he is contesting wanting joint legal custody. He has had no contact for seven months with the child saying I wont let him see him in court doc but i have phone records and a journal i have kept to show i have been trying to contact him what are the chances of him getting joint custody

Attorney Answers 2


Not likely, based on the scenario you describe. As you are probably aware, legal custody involves the authority to make major, long-range decisions on behalf of the child. Typical examples include education, religious upbringing, and health care. Joint legal custody works well in situations where the parents have a history of good communication regarding the child and are willing to work together to make decisions on the child's behalf.

The courts sometimes award what amounts to a tiebreaker system in which you have the obligation to consult with the other parent regarding major decisions but, if no agreement can be reached, then you would have the tiebreaker vote.

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It does not seem likely that the minor child's father will get joint legal custody. You would do well to consult with an attorney in this matter.
If you do not have an attorney, I would be pleased to discuss this further.
Fred A. Cohen, Esq.
This response is intended to be a general statement of law that should not be relied upon as legal advice and does not create an attorney/client relationship.

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