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A judge decides questions of custody on the basis of what is best for the child. If joint custody is awarded, it is because the judge thinks (rightly or wrongly) that the child will benefit by having contact with both parents. It is never about what the parents want, it is about what is good for the child.

So a judge would not grant joint custody just because the father wants it, but if the father wants it, a judge is more likely to grant it than if the father said "Eh, I don't care, let her have the little yard ape all to herself."

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11y ago
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11y ago

Generally, there must be some change in circumstances for a court to modify a custody order. Perhaps the father has a more stable job, a better place to live, has improved his parenting skills, etc. The father should consult with an attorney who specializes in custody issues. The attorney can review the situation, the existing court orders and provide the father with his options and the likelihood of the court modifying the custody order. It is always best to have an experienced attorney represent you in these matters.

Some general background regarding custody:

Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understandthe proper custody labels and have them applied in your child custody order. Generally there are two main categories of custody:

  • Legal Custody: Legal custody refers to making major decisions in your child's life such as medical and health related decisions, education, and welfare.
  • Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.

Sole Legal

One parent has the right to make any decisions that affect the child.

Joint Legal

Both parents have the right to be involved in decisions regarding the child.

Sole Physical

The child resides with one parent who is said to have primary physical custody and the other parent has visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.

Joint Physical

Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.

Generally the phrase full custody is used to refer to a parent with sole legal custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custody means the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.

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Q: Can the judge grant joint custody after granting partial custody to a father?
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How do you get legal custody for children from their father?

You petition the court. They are the ones who grant you all types of custody.


What can you do to get your child back from a person who said he was the father and got a court order along with a restraining order and he's not on the birth certificate?

Courts do not grant parental rights, custody and restraining orders without evidence. They do not grant custody to a man who only "says" he's the father or to someone who is "presumed" to be the father. They establish paternity first. You should contact an attorney who can review your situation and explain your options.Courts do not grant parental rights, custody and restraining orders without evidence. They do not grant custody to a man who only "says" he's the father or to someone who is "presumed" to be the father. They establish paternity first. You should contact an attorney who can review your situation and explain your options.Courts do not grant parental rights, custody and restraining orders without evidence. They do not grant custody to a man who only "says" he's the father or to someone who is "presumed" to be the father. They establish paternity first. You should contact an attorney who can review your situation and explain your options.Courts do not grant parental rights, custody and restraining orders without evidence. They do not grant custody to a man who only "says" he's the father or to someone who is "presumed" to be the father. They establish paternity first. You should contact an attorney who can review your situation and explain your options.


Can my partner adopt my child if I have a sole custody of a child and his own father is alive?

Under most circumstances, the father must grant permission.


Can sibling give custody to a non parent?

No. A sibling has no authority to grant custody of anyone to anyone. Only a court can grant legal custody.


How can parents who live in Pennsylvania grant temporary custody of a child to the grandparents who live in NJ?

It would not be custody, it would be guardianship. This would only require a notarized letter granting guardianship and a Power of Attorney as regards the children. Also, an agreement to pay child support.


Does Maryland automatically grant an unwed mother sole custody?

Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.


How can you regain primary custody after signing it over to father?

If you're in the US, you would have to petition the court for a change of custody. Rather the court would grant your petition or not, would depend on many factors.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?

It depends on the laws of the specific jurisdiction. In many cases, if the mother dies, custody would typically go to the father as the surviving parent with joint legal custody. However, the court may still need to officially grant custody to the father. It's essential to consult with a family law attorney to understand the specific laws and requirements in your area.


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Can the unwed incarcerated father assign his custody rights to his child to his mother?

AnswerNo. Only a court can grant custody rights or guardianship rights. The inmate cannot assign his parental rights to his own mother.


In the state of California will a judge grant 50 percent custody of 5 year old child to father?

yes, see links below


What is the superlative for the word grant?

The superlative form of the word "grant" is "most granting."