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Does Father Have a Good Case to Get Joint Physical Custody

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  • 07-27-2009, 05:58 PM
    mom&stepmom
    Does Father Have a Good Case to Get Joint Physical Custody
    My question involves a child custody case from the State of: AZ

    My husband and I have been married for 4 months, but have been together for 5 years now, I have 2 children and he has 1 child. This is our situation My Husbands EX has been in and out of her childs life since I came into the picture I have pretty much raised her as my own. My Husbands daughter just graduated from Kinder at a school that has an accelerated curriculum and she is above grade average. My Husband and Ex had an agreement that their daughter would spend the summer with her in another city where mother lives and daughter would come back Home with father the week before school started. So now the Ex has another plan she will not let daughter speak to father and is planning on registering daughter in another school(this was not the agreement). My husband is going to file for paternity and also temporary custody.

    Here are my Questions:
    1. What chances does my husband have to get temporary custody since his daughter is not in his possesion?
    2. Does Father have a good case to win joint physical custody?
    3. How do we get daughter back in time for school?
  • 07-28-2009, 10:41 AM
    LawResearcherMissy
    Re: Does Father Have a Good Case to Get Joint Physical Custody
    Was this agreement through court order, or were they trying to "work it out amicably"?

    1) We can't answer that. The courts don't work with odds and chances.
    2) That will depend on all the facts of the case, which we are not privy to.
    3) Get a lawyer and take the ex to court.
  • 07-28-2009, 01:27 PM
    mom&stepmom
    Re: Does Father Have a Good Case to Get Joint Physical Custody
    The entire time since my stepdaughter was born it has been an agreement between the bio-parents and not court ordered. It seems as though the EX does not want to be civil and discuss any situation, she will not even let their daughter speak to her father.
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