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WALLSTREETESQ
WALLSTREETESQ, Lawyer
Category: Family Law
Satisfied Customers: 16317
Experience:  10 years experience, AFL-CIO UNION PLUS, UFT LAWYER FOR FAMILY, IMMIGRATION AND CRIMINAL LAW
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If my ex-fiance and I have been sharing joint physical custody

Customer Question

If my ex-fiance and I have been sharing joint physical custody (50/50), can she just decide she will not allow me to see my three young daughters 50% of the time anymore. She wants to take them for at least 75% of the time. I want to fight, no matter what it takes, to keep my daughters at least 50% of the time. Do I have any legal ground to stand on here? I live in Chester County, Pennsylvania.
Submitted: 4 years ago.
Category: Family Law
Expert:  WALLSTREETESQ replied 4 years ago.
if the joint custody order was done in court, it will be hard to fight, if it wasn't she would have to argue in court for full custody and visitation for you, at court you would have to fight for custody. The court is supposed to give equal weight to all the parties, your best bet is to settle the case with the mother in court, before a judge decides
WALLSTREETESQ, Lawyer
Category: Family Law
Satisfied Customers: 16317
Experience: 10 years experience, AFL-CIO UNION PLUS, UFT LAWYER FOR FAMILY, IMMIGRATION AND CRIMINAL LAW
WALLSTREETESQ and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Not to sound unappreciative, but I didn't need to spend $15 bucks to figure that out, I knew as much. My question really has to do with the fact the we had a consensual agreement that lasted for several months. In fact, just to be safe, I documented the amount of time my daughters spent with me using a calander. Also, the twins spent the first ~1.5 years of their life living in my home. Is there some stipulation that would grant me some consideration for this? Also when you say that she would "she would have to argue in court for full custody and visitation for you" and that I would have to "fight for custody," are you telling me that she essentially already has the higher ground since she won't have to fight for custody? I have worked very hard to maintain a full-time job, attend graduate school and work as a graduate assistant and I still gladly give up any free time just so I can see my girls. While she can't wait to get rid of them on Thursday so she can go part with friends in a nearby city. I am paying for their insurance and I have been the only contributor to their savings bonds/accounts, and somehow I have to "fight" and all she had to do is argue for these things? Sounds fair...
Expert:  WALLSTREETESQ replied 4 years ago.
the agreement can be used in court to be evidence your relationship with your daughter, also if your lawyer is good you can have it formalized and made into a custodial order.
Customer: replied 4 years ago.
Would this custodial order need to be signed by both parties (my ex and myself) for it to be valid? Much better answer...thank you
Expert:  WALLSTREETESQ replied 4 years ago.
yes, it should have been signed however, if not the actions of the parties, should be used as well as her and your testimony that an agreement did exist is acceptable.

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WALLSTREETESQ
WALLSTREETESQ
Family Lawyer
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10 years experience, AFL-CIO UNION PLUS, UFT LAWYER FOR FAMILY, IMMIGRATION AND CRIMINAL LAW