Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Sole custody is right for some situations, but it is rarely granted. Why do you believe that sole custody would be appropriate for your case?
Well she is asking for sole custody. I want to know my options.
Your options depend on the situation. Why do you believe that sole custody would be appropriate for your case?
I am not asking for sole custody?
I apologize... your question was "I would like to get sole custody of my child but my job take me out of town what options does i have. I live in Arkansas."
I don't know what the question is at this point.
I do apologize.
Well my question will she be able to get sole custody of our child. Because of my job situation. I am not trying to fight of the child but I do want joint custody. I heard that is hard to get and it would make the life hard on the child.
I see. How old is your child?
How often does your work take you out of town?
I about 3 times a week.
For how long do your trips out of town last?
Oneday then I come back home.
Are they overnight trips?
Yes they make me stay to get rested then I come back home.
Do you have a regular schedule? Or do you travel out of town on an as-needed basis? In other words, do you know that you will be out of town every Monday, Wednesday, and Thursday (for example), or could it be Monday, Wednesday, Thursday one week and Tuesday, Thursday, Saturday the next?
I don't know which days exactly it is somewhat predictable. I work for the railroad.
Ok, I will start by saying that, because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel. But that said, please allow me to explain how child custody is determined in Arkansas:
Child custody is awarded based on the best interests of the child. What is best for the child depends not just on the parents' situation, but on the needs of the individual child. Every child is different, every situation is different, so every child custody order can be different. However, it is presumed that a child's best interests are served by having significant and frequent contact with both parents--in other words, unless there is an affirmative reason to not give both parents significant and frequent contact, the court's preference is to allow for it.
Typically, with a 5 month old child, the mother needs to be the primary custodian. This is for biological reasons, if nothing else, since babies do well with their mother's milk.
But a child's needs change as it gets older, so the custody orders will change as well. When children are very little, for example, they cannot tolerate significant gaps in time away from their primary caregiver. Older children do fine going weeks or months away from either parent.
I am confused about. I want to have a say so in my child's life. He is on powder.
Yes, and the breastfeeding was just an example. You said that you want a say in your child's life... there is a difference between physical custody and legal custody. Physical custody has to do with who the child is with. Legal custody has to do with who gets to make decisions for the child. Usually, a court will award joint legal custody even if it awards sole physical custody.
Well I am concern about visitation rights. She is only doing this to hurt me.
As I mentioned, unless there is an affirmative reason to not give both parents significant and frequent contact, the court's preference is to allow for it.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).