Family Law Questions? Ask a Family Lawyer Online.
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I am so sorry to read about your difficulties.
You would need to go to your local Courthouse where the Custody Order was issued and file Application for Modification of the Custody Order and request for Joint Custody. You have to tell the Court the reason for your request. You can obtain modifications forms in the Clerk's office.
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 child, etc. If the Court finds after reviewing these factors that the child would be better off having both parents with joint custody, the Court would grant your request. Otherwise, the Court would leave things status quo. So, it is very important in any custody proceeding that you tell the Court any and all reasons why you should be given joint custody; 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.
Goodluck with your case,
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