Filing for Joint Custody

“It is highly advisable that you both reach a parenting plan and sign a stipulated agreement,” Chang Rickert explained. “A judge will sign it. It has the force and effect as an order. It is highly recommended that you reach an agreement rather than put the fate of your children into the hands of a stranger.”  

Disappearing or relocating with the child is a major issue for many non-custodial parents. “It is so much easier to stop a problem before it starts,” advised Rosenwald Smith. “If there is any doubt about one parent disappearing with a child, police are very reluctant to get involved without a court order showing that the parent who is requesting help has the right to the child.”  

“If you have joint custody at all, most courts will not allow ‘legal or physical’ custody to become a factor in preempting a move,” said Nachshin. “If a parent has sole custody they will most likely be able to relocate without the non-custodial ex-spouse’s permission or consent.”  

Primary physical custody is a legal label in California, and “should not be assumed in a joint custody situation,” cautioned Chang Rickert. If established, “the burden is on the non-custodial parent to prove that the move will be a ‘detriment’ to the child.”  

The Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) has various rules on relocation according to Chang Rickert. “The state courts will usually do a UCCJEA conference, whereby one state will relinquish jurisdiction. Generally, the states will have comity with each other’s rulings. Basically, if the child has been in the new state for more than s months, it will be deemed the proper state of jurisdiction.”  

Circumstances can and will change, particularly as children get older. It is suggested that covering the bases on custody for any possibility be done in advance, preferably with the mutual consent of both parents. An ounce of prevention is worth a pound of cure.  


TIPS FROM ATTORNEYS  

1. Document time with child.
Gornbein advised, “Document the time spent and if there is a pattern where more and more time is being spent with a non-custodial parent, then it might be advisable for the non-custodial parent to seek joint physical custody.”  

2. Communicate any changes.
Chang Rickert added, “Always articulate a change of circumstance in order to modify custody.”  

3. Keep all visitation.
Rosenwald Smith noted, “Custody cases are judged on the facts of each case. If a parent makes a great effort to go out of the way to make certain to have visitation, that goes a long way.”  

4. Make a case for change.
Nachshin recommended, “Be diligent in gathering your facts and documents that substantiate your reason for wanting to change the existing custody arrangement.”    


Bruce McCracken is a seasoned journalist. McCracken has an MA in communications from the University of North Texas and resides in Irving, Texas.