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well to u and the person that askd how can u get sole custody if you have joint custody is to fight it in court show ur good points and views and explaine y ud b a better guardian if u had sole custody

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12y ago
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12y ago

There is a difference between physical and legal custody.

The court can award joint legal custody to the parents and determine that one parent will have physical custody. It can also award joint physical and legal custody with the child sharing her time equally at the homes of the parents. Joint legal custody custody is usually reserved for parents who get along and are willing to raise their child on a solid foundation of cooperation. Couples who do not get along are not good candidates for joint legal custody and that factor will be considered in the decision by the judge.

The father can petition for a modification of the custody order but he will need to provide evidence that the modification is warranted, usually by showing there has been a change in the circumstances that caused the judge to award sole custody to the mother.

In order to convince the court to take physical custody from the mother, the father would need to provide evidence that the change would be in the best interest of the child based on the unfitness of the mother as a parent. See the related question link for factors the court may consider if asked to declare a parent unfit.

He should consult with an attorney who can review the situation and explain both his options under state laws and his chances of success in the particular court. An attorney could present the father's petition in the best possible manner.

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11y ago

Under certain circumstances yes, but the procedure and conditions in which this may occur vary from state to state.

For more information, consult an attorney in your area who specializes in family law.

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12y ago

The grandmother must petition the family court for guardianship of the children. She should consult with an attorney who can review the situation and explain her options. If she cannot afford an attorney she should visit the court and ask if there is a legal advocate or agency who can help her.

The court will order an evaluation of the situation usually by appointing a guardian ad litem. The GAL will make home visits, interview the children, investigate why the parents are not present, and write a comprehensive report for the court that will be used by the judge to determine if the guardianship is in the best interest of the children. If all goes well the grandmother will begin receiving some form of financial support.

The grandmother must petition the family court for guardianship of the children. She should consult with an attorney who can review the situation and explain her options. If she cannot afford an attorney she should visit the court and ask if there is a legal advocate or agency who can help her.

The court will order an evaluation of the situation usually by appointing a guardian ad litem. The GAL will make home visits, interview the children, investigate why the parents are not present, and write a comprehensive report for the court that will be used by the judge to determine if the guardianship is in the best interest of the children. If all goes well the grandmother will begin receiving some form of financial support.

The grandmother must petition the family court for guardianship of the children. She should consult with an attorney who can review the situation and explain her options. If she cannot afford an attorney she should visit the court and ask if there is a legal advocate or agency who can help her.

The court will order an evaluation of the situation usually by appointing a guardian ad litem. The GAL will make home visits, interview the children, investigate why the parents are not present, and write a comprehensive report for the court that will be used by the judge to determine if the guardianship is in the best interest of the children. If all goes well the grandmother will begin receiving some form of financial support.

The grandmother must petition the family court for guardianship of the children. She should consult with an attorney who can review the situation and explain her options. If she cannot afford an attorney she should visit the court and ask if there is a legal advocate or agency who can help her.

The court will order an evaluation of the situation usually by appointing a guardian ad litem. The GAL will make home visits, interview the children, investigate why the parents are not present, and write a comprehensive report for the court that will be used by the judge to determine if the guardianship is in the best interest of the children. If all goes well the grandmother will begin receiving some form of financial support.

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11y ago

By petitioning the court with jurisdiction over the child for a change or modification of the custody order outlining your wishes. A hearing will be held that you will be expected to attend. It goes a lot easier if both bio parents consent, but if they do not, the judge will ultimately rule in favor of what he or she feels is in the best interests of the child.

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12y ago

The grandmother must petition the family court for guardianship of the children. She should consult with an attorney who can review the situation and explain her options. If she cannot afford an attorney she should visit the court and ask if there is a legal advocate or agency who can help her.

The court will order an evaluation of the situation usually by appointing a guardian ad litem. The GAL will make home visits, interview the children, investigate why the parents are not present, and write a comprehensive report for the court that will be used by the judge to determine if the guardianship is in the best interest of the children. If all goes well the grandmother will begin receiving some form of financial support.

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11y ago

Yes, if so ordered by the court with jurisdiction.

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Q: How can a grandmother gain legal custody of the grandchildren she's raised since birth?
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