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What are some requirements that would help a father get joint (50-50) custody?

Chilton, WI |

my brother and his girlfriend have a 2 month old lil girl they got into an argument over something stupid and she smacked him across the face and he took gently pushed her down on the bed and held her arms down so that she couldnt hit him anymore. she called the police and my brother got arrested because she said he choked her! she is refusing to let him see the baby? My brother has 3 vehicles, steady income from working at a place for 3 + years and has a steady home. She dont have a vehicle, no job, and lives whereever she can mostly by her parents, her step dad is violent. didnt got to mediation yet but she said all she will allow is supervised visitiation. she thinks you can raise a baby on child support. who do you think looks like a better chance.

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Attorney answers 2


Unfortunately, this happens all too often. Domestic violence is a major factor in deciding sole custody due to statute. A certified batterers class is one way to combat the chance of a sole custody this is again by statute.

These legal processes may control at least the temporary period related to placement and custody. But in the long run if he gets the class the court is to presume joint custody is in the best interest of the child.

Maintenance may also be a part of her income package dependent on how long the marriage has been. If criminal charges are brought against him in this temporary period he may find himself having to support the household and utilities until at least the criminal charges are resolved.

He should hire an attorney with knowledge of criminal and family law. That is in his best interest.

WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.


He needs a criminal defense attorney and right away. There is a presumption that will work against him having custody if he is convicted of any charge carrying a domestic abuse identifier. The system is more concerned with the ability of the parents to work together and with a conviction, the courts will presume he is not the proper parent to exercise sole custody. That doesn't mean she will get sole custody, but it does weigh in her favor.