How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Im currently in the middle of a custody case with my ex, over

This answer was rated:

I'm currently in the middle of a custody case with my ex, over our 22 month old daughter. he was abusive and signed a custody agreement 7 months ago that stated I would have full legal and physical custody and he would have visitation 3 times a week. On the court date that was supposed to end everything and make it all official, he stated that he changed his mind and wanted 50/50 custody. He's telling me he'll bring up my past depression and is threatening to say my family is abusive. My dad and I have had verbal problems in the past, but nothing ever physical. I do not live with them. Is there any chance he can get shared custody? I also have two witness that saw him almost hit me with his vehicle a few times in a row.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, why did he change his mind, do you know? Is he simply trying to be difficult or contrary, or did something happen? I am asking to best understand so I can more fairly answer your question, thank you!
Customer: replied 4 years ago.

I believe he changed his mind because I got engaged and am now living with my Fiance' and he is trying to be difficult. I also forgot to mention he has been out of the country for over a month now and hasn't called to speak with her or ask how she is doing at all.

Thank you for your follow-up, Jennie.

Ah, yes, that would likely do it. Jealousy is a powerful agent.

Now, to answer your question directly:

Is there any chance he can get shared custody?
Absolutely, there is always a chance. Unless he is somehow 'unfit' as a parent (meaning he has a history of factors such as a history of abuse or neglect, domestic violence, drug use, alcohol abuse, history of mental illness or criminality, or moral turpitude), the courts do tend to favor joint custodial relationships so as to best benefit the child. The courts generally consider that it is in the best interest of the child to know both parents and have a healthy relationship with both of them.

But please notice I said 'healthy'. You stated that the other parent is not available and does not contact the child. If that is true, that goes toward neglect and can be brought up in court. Similarly threats against you could indirectly cause you to claim that he is dangerous or that he has a history of having a temper. At the same time he can bring up your mental concerns and try to insinuate that you are potentially unfit. So yes, there is a chance he can prevail although I doubt very much he would obtain 50/50 rights, but he could push for greater rights than he initially agreed upon.

Good luck.

Dimitry K., Esq. and other Family Law Specialists are ready to help you

Related Family Law Questions