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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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I currently have joint legal custody of my 7 year old son.

Customer Question

I currently have joint legal custody of my 7 year old son. He keeps asking me if he can spend more time with me, so my question to you is, how hard is it to get joint physical custody. His current home is in whitley co. and mine is in allen co.
Submitted: 8 years ago.
Category: Family Law
Expert:  JPEsq. replied 8 years ago.
The difficulty depends on a number of factors, but it can definately be done. You need to file a Petition to Modify the custody Order, and prove that it is in the child's best interests to have joint physical custody. Alternatively, you can keep the non-custodial parent designation and just increase your parenting time. This is more common. You can have all teh benefits of joint physical custody, but just not have the designation. <br /><br />When considering the child's best interests, one of the factors is the child's wishes, along with all the other considerations (home/other kids/work schedule/etc.)

I practice law in Indiana, though I am in Evansville. You can see my website, which liks to all the relavent custody statutes.
JPEsq. and 3 other Family Law Specialists are ready to help you
Expert:  JPEsq. replied 8 years ago.
If the original Order was in Whitley county, you will have to file there.