Reply to How does a judge decide custody when all the factors to be considered seem equal?

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Reply to "How does a judge decide custody when all the factors to be considered seem equal?"

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[quote=Anonymous][quote=Anonymous]Looking at the entirety of the law, it sounds like the judge can order joint custody, and then the parents can agree to it.

I would think that if the judge orders joint, and one parent refuses, the other parent should get sole legal custody.  But I am not a judge.

I would think that a mother asking for sole custody, who is offered a choice between joint and none, would become amenable to joint custody.

What is her basis for asking for a change?

Is there a current custody agreement or is it informal since there was no divorce.[/quote]

There was no custody agreement prior to the mother filing earlier this year. Now there is a status quo/order of restraint that the parents can't change the schedule until a final order.

The mother filed a petition due to her increasing unhappiness with the coparenting situation after he started a new relationship and introduced the child to his new girlfriend without the mother's permission as well as a frustratingly steep drop in communication between the parents that coincided with the new relationship. The mother feels very strongly that it is best for the child that they have an amicable and close coparenting relationship with a large amount of flexibility, frequent contact between the two parents, and spending time together for the child's sake. The father disagrees and decided to move to a more parenting parallel style with only necessary communication about scheduling, major health/education decisions, etc, and wants to keep communication to text, email, or parenting app only. It all came to a head during the week of the child's birthday when he decided to throw his own birthday party for the child instead of attending the one the mother planned as he had in years past. The mother filed the petition later that week in hopes that it would spur the father to communicate more with her and have a sit down conversation with her. [/quote]

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