Joint Custody Q

[sixstringdad]

What is the name of your state? VA I currently have joint legal custody with visitation and I'm a NCP. I am wondering if I can file for joint physical custody with a parenting plan submitted, without having a change in circumstance. And if I do need a change in circumstance, could the fact that I'm not in college anymore and CP is now employeed be enough to file?

 

[I AM ALWAYS LIABLE]

What is the name of your state? VA I currently have joint legal custody with visitation and I'm a NCP. I am wondering if I can file for joint physical custody with a parenting plan submitted, without having a change in circumstance. And if I do need a change in circumstance, could the fact that I'm not in college anymore and CP is now employeed be enough to file?

My response:

What's the driving distance between you and your child? Do you have to cross County or State lines when you visit? How old is the child?

IAAL

 

[sixstringdad]

I live about a 5 minute drive away from my daughter and she's almost 3.

 

[I AM ALWAYS LIABLE]

I live about a 5 minute drive away from my daughter and she's almost 3.

My response:

I believe you have grounds. The "change in circumstances" is, of course, your ability to spend more quality time with your child. However, if a change is made, it will be temporary because, I believe, the judge will add a caveat that the previous custody and living arrangements will re-take effect upon the age of your child attending school. That's because "joint physical" custody is difficult on a child due to school necessities and needing to be "grounded", as it were, in one place for school purposes.

Good luck. Hey, at least you have a shot at it happening for the next two years!

IAAL

 

[nextwife]

I know families who live relatively close to each other, or at least comparable distances from school, and they do jt. physical custody for their school aged kids. One does week on, week off. The other has half a week. On their days they do school drop/off/pickup or day care drop/off pickup. What diff if they drive 5 minutes with mom to school or 6 minutes with dad to school? Having a relationship with dad in which he is more than just a weekender is far more important than anything.

If parents each live each a reasonable distance from a kid's school, there is no good reason their child shouldn't get to have both parents in their "everyday" life. Go for it! Dad's shouldn't be religated to weekends if there's no real physical distance to deal with.

 

[sixstringdad]

Thanks for the support. I think it should work out fine as long as CP can handle the idea. There would have to be no daycare which is a plus. We both have family that is more than happy to watch our daughter. I just feel lucky I have e/o weekends and 3 hrs a week. I'll crap my pants if I can get JPC even if its just for a few yrs. Time to go look @ the parenting plans over at SPARK..Thanks