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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19117
Experience:  B.A.; M.B.A.; J.D.
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Is there a way to appeal a joint custody hearing for trying

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Is there a way to appeal a joint custody hearing for trying to achieve being the custodial parent?
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


So, are you asking if you can rescind the custody agreement that you signed?

Did the Court approve the agreement already?
Customer: replied 3 years ago.

The court might approve in the next week or so. I already understand that sole custody is only given when there is substantial evidence of child neglect or abuse. Is there any other way to obtain being the custodial parent though the child was just born? I understand these things usually favor the mother. My concern is that being the non-custodial parent doesn't give you any say-so or parental guidance with the child's well being like doctor's visits, schools, etc.

Thank you for the information:




The court might approve in the next week or so.




Response 1: If the agreement is not yet signed by the Judge, your Attorney and the other party's Attorney can file a consented Motion to withdraw the agreement. No hearing is required. If the other party's Attorney does not agree, then your Attorney should still proceed with Motion to withdraw your consent to the agreement. A hearing would be held on the Motion.



I already understand that sole custody is only given when there is substantial evidence of child neglect or abuse. Is there any other way to obtain being the custodial parent though the child was just born?




Response 2
: Unfortunately, no. I do not see how the Court can grant you the sole custody of a newborn when the mother has not done anything to have her rights taken away from her.



I understand these things usually favor the mother. My concern is that being the non-custodial parent doesn't give you any say-so or parental guidance with the child's well being like doctor's visits, schools, etc.




Response 3: That is not actually accurate. You may be confusing legal custody with physical custody. You can have joint legal custody with sole physical custody to the mother. That is what is usually done. Legal custody means that both parents would have a say on their child's upbringing, doctor's visits, schools, etc. Physical custody means the parent the child leaves with me.

Let me know if you need additional information.

Phillips Esq. and other Family Law Specialists are ready to help you