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I have joint custody, equal/ Could I lose joint -equal custody if I file for full custody- and don't win full custody?

Asked over 2 years ago - Benton, AR

we have joint custody the mother has lived with serveral men. I want to file for full or physical- guardian custody. I feel the mother doesn't know what is best.. I am not trying to take away their relationship. But want safety for my child. She (the mother)does have full custody of a 2 yr old from a different man who went to jail. My child is 6 and has seen many things that 6yr olds should not see. Could I lose the joint custody I have now - if I file for full or physical and don't win?

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Attorney answers (1)

Scott Allen Scholl

Reputation Level 15

Answered over 2 years ago. Family Law Attorney in Jacksonville, AR.

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Just filing for sole custody will not in of itself endanger your joint-custody arrangement. However, in order for you to be successful in getting full custody you must be able to show the Court that there has been a material change of circumstances.

If the Court finds that there has been a material change in circumstances, it can order a change in custody that it believes will best serve the best interests of the child -- this could mean you get sole custody or the mother does.

While it appears from your question that there are some problems with the mother's household, there are too many variables to try and evaluate the likelihood of success in obtaining sole custody without being able to sit down and speaking with an attorney.

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