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Joined: Nov 2004
Posts: 107
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Joined: Nov 2004
Posts: 107
My STBXW wants sole custody of our 3 young children. She tried to claim abuse on my part and we had a psych eval. It came back very positive for me and he had no problem recommending Joint Legal for me. But my W is still fighting for sole and is willing to go to trial.

She has been very spiteful to me and I have not seen my kids for 4 months because she obtained an order of protection which the judge acknowledges was excessive. She refused phone contact at her leisure and even Christened our baby daughter without even telling me.

What do you think the chances of me getting the Joint Legal, not Physical, are. They sound great since this seems to be the norm these days but I'm still worried that the court may side with her as the mother. Any thoughts and experience with this? Thank you!

Joined: Apr 2003
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Not only does it seem that you will get joint custody, but it seems you have a strong case for sole custody yourself. The courts frown upon parents who try to keep the other parent out of the children's lives. If she is pushing for sole custody and it is unwarranted it is not going to look good on her part. But feel confident, you have a good chance of getting joint legal custody. If you go to trial just be sure and don't seem angry, but rather cooperative in dealing with your wife.

Joined: Feb 2002
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Many states now assume joint legal custody and shared physical custody (now called parenting time).
Read all you can to help you parent your children through divorce. The key book to read is "Mom's House/Dad's house" which offers advice on dealing with X's who don't cooperate or communicate well.

If you haven't seen your kids due to a protection order, you should ask the judge for supervised visits at a minimum so you can maintain a relationship with them. Take baby steps.
And the positive psychological evaluation will go a long way in court and in negotiating.
Stay strong and focus on the positives.
Take the free time you have now to become the best person you can be, so that you will be the best parent you can be during your time with the kids. Heal yourself now, while you have the time.


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