madbomber31 asked:


If i, or my wife, file for divorce who gets custody upon filing? is it joint? do we legally share or does the mother automatically gain custody? prior to me making any decisions i need to know the effect it will have on my daughter’s living arrangements.

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3 Responses to “What rights does a father have when it comes to his child when filing for divorce?”

1. say it all... on April 23rd, 2010 1:36 am

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   You both work with your attorney’s and/or mediation to determine the best custody arrangements. No one person automatically gets custody. My dad won custody of all 5 of us…In this day and age, most courts push for 50/50 shared custody as it’s in the best interests of the child to spend time with both their parents. Do what you have to do - good luck!

2. CoeyG on April 26th, 2010 12:14 am

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   The court decides who gets custody of the child based upon what the court determines to be best for the child. You can have joint custody, 50/50 or one parent can have full physical custody and one parent visitation. These are things that will have to be ironed out in the divorce proceedings. If the mother gets custody your daughter will be living with her mother. If you get custody she will be living with you. If it goes joint she will live with you part time and with her mother the majority of the time. If you get 50/50 custody she will live with her mother half of the year and with you the other half.

3. Element on April 26th, 2010 11:55 pm

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   50/50 is best for the kids as long as both parents are responsible and can financially support them. Talk to your lawyer. There is no reason for you not to have equal custody and access to your daughter. My ex and I have joint custody and access and there are no child support payments. I had to fight for it, though. Good luck!