Young mom needs custody help

[CassieM24]

Hello, Im a young mom , I'm 21 and me and my ex husband have started the divorce proceedings. Basically when we seperated she stayed with me during the week, and he had her every other weekend. It has been that way for 7 months roughly. We just went to court to start the divorce, he signed the paperwork which stipulated that for now it would be sole physical joint legal and agreeg to the child support.

He now says he wants joint custody. He apparently found out he has to pay no child support with joint. He never once asked for joint before this. And when he was served he never responded to the papers I served him with. My lawyer is filing the default papers. I just want to know if there is a way he could get joint? When he never complained with how it has been the past 9 months?
Thank you so much to whoever reads this. I'm really confused & scared.
thanks
Cassie

 

[seniorjudge]

Q: I just want to know if there is a way he could get joint? When he never complained with how it has been the past 9 months?

A: Listen to your lawyer. There is, however, no way we can know the outcome.

 

[CassieM24]

thank you very much. I guess I'm just nervous

 

[Scooterdog]

He may show up at the hearing, and the judge would probably listen to him. In most civil cases, you are right, it would be a win by default. The problem here is, this is family law, and the judges don't want to take away a parents rights without a fair hearing.

If he doesn't show up at the hearing, your home free. The chances he would ever figure out how overturn the default is slim to none.

See what the judge says, he/she will have the final say, no matter what. Looks like your sitting pretty darn good.

 

[Duranie]

He certainly has a right to joint custody if he can prove its in the childs best interest. It is really no longer in the childs best interest to award one parent sole anymore, that gives the parent the idea they have control over everything.

By the way joint custody does notmean no child support, both of your incomes and parenting time will be facotored in generally.