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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13549
Experience:  19+ Years of Legal Practice in Family law matters.
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What circumstance, can I get full custody from joint What

Customer Question

What circumstance, can I get full custody from joint?
What convince judge to give me the full custody?
Is more difficult to change joint custody to full custody if child is already 16?
What circumstance child can not make decision even age 18?
What chance do I have increasing child support if child support was not adjustment for ten years?
Judgement of divorce was entered on 2003, healing was over on 2008, both in Brooklyn, child's father moved out from Brooklyn, but he wants to go back to Brooklyn, I want to start in NYC whaere I live. Which court are we going?
Submitted: 5 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 5 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

Hi you have multiple questions in one post, rather than putting different questions into their own transactional posts. However, I will address them all briefly for you: (please in the future remember that each separate question should typically be put into a new thread/post. However, some of yours are closely related, so perhaps 2 could be put into the same post.)

Question #1: What circumstance, can I get full custody from joint? If and when a judge decides, based on all of the facts, that the child's best interests would be served by changing joint custody in both parents to sole custody in only one parent - he may and will so order it.


Question#2: What convince judge to give me the full custody? It is 100% dependant on facts that show that doing so would be in the child's best interests, and that the status quo of joint custody is no longer in that child's best interest.



Question #3: Is more difficult to change joint custody to full custody if child is already 16? No, not if it is in the child's best interest. A major factor could be if that young person expressed a mature and reasoned desire to have sole custody with you.


Question #4: What circumstance child can not make decision even age 18? At age 18, unless he is incapacitated mentally, as found by a Court, he is legally able to do as he wishes. Under 18, the child's desires will not dictate unless the court finds that his wishes coincided with his best interests. However, more often than not, when an older teen expresses a desire to live with one or the other, a court will accept that as in his best interest, perhaps because to force an older teen to reside with the parent not of his choice, has a tendency to cause acrimony in that household, leading to bad social choices by the teen, runaway situations, etc.


Question #5: What chance do I have increasing child support if child support was not adjustment for ten years? Very good, unless the obligor's income has not increased, or has decreased, through no fault of his own.


Judgement of divorce was entered on 2003, healing was over on 2008, both in Brooklyn, child's father moved out from Brooklyn, but he wants to go back to Brooklyn, I want to start in NYC whaere I live. Which court are we going?The same court you started in, since that is the Order you want changed. You could feasibly ask for a change in venue - to move it, but it may not be granted. But it may!

 

I hope this helps clarify for you.

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