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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18817
Experience:  B.A.; M.B.A.; J.D.
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My husband and I have had primary physical custody of an 8

Customer Question

My husband and I have had primary physical custody of an 8 year old girl for the past 6 years. she has lived with us all but one year of her 8. We share joint custody with the paternal Grandma, who the child's Dad lives with. The mother is very unstable and would like to have her child but the courts have seen fit to only give her supervised visitation. The Dad who has had supervised visitation now wants "joint custody" with us, the primary physical care givers and his Mom, who also has "joint custody." I have never heard of three different parties having "joint custody" for one child. He says his lawyer has advised him to file for it so that he will be on the order, making it harder for the Mom to ever get custody. We are in Va. Is there such a thing as three different parties having 'joint custody?'
Submitted: 10 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 10 months ago.

No, I have not seen that. Also, his mother has joint custody with you because he is her son. If he wants joint custody, then her mother would have to be removed from the joint custody Order. I do not see how and why the Court would remove her mother from the Order and put him on the Order instead if his mother does not want to be taken out of the Order, or has not done anything to warrant the Court removing her from the Order. I do not see the Court granting his request under these circumstances.

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Customer: replied 10 months ago.
Ccould he take joint away from us based on the fact that he is the father of the child? We are not even related. The child's mother came to us when she got preg because she had no reliable family to help her. She moved in and we began to help her get on her feet so she could raise her but when child was 3 1/2 she walked out for married man. Now She is preg, with twins by different guy, dad is 30, and poped dirty at custody hearing 5 yrs ago, is part time coolk, and wants joint , he still drinks ,
Expert:  Phillips Esq. replied 10 months ago.

Ccould he take joint away from us based on the fact that he is the father of the child?

Response: No. In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the children, etc. If the Court finds after reviewing these factors that the child would be better off living and your current arrangement is satisfactory, the Court will not remove you from the joint custody Order. The father will not be granted joint custody under the circumstances. So, it is very important that if the father files petition with the Court to remove you from the Custody Order that you tell the Court any and all reasons why that father's application for custody should be denied and why custody should remain with you; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.