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Parenting -- Special Concerns
Reply to "How does a judge decide custody when all the factors to be considered seem equal?"
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[quote=Anonymous]this must be in Oregon. It does kind of make sense that if two parents can't agree to joint custody, it's not productive to order it and try to force those people to come to joint decisions. When they can't, they'll be back in court to decide on every matter. Easier for the court to give it to one or the other and put the emphasis on equal parenting time. Anyway, I think this case would come down to who has better evidence and who has a better attorney to make the better argument. Mom's lawyer could argue that Dad doesn't have the child's best interests in mind since he's not willing to foster the child's relationship with the mother during his parenting time, and that joint custody isn't possible when Dad refuses to communicate regularly so Mom had no choice but to request sole custody. Dad's lawyer could argue that Mom doesn't have the child's best interest in mind as her intent to reduce father's visitation time from 50/50 is showing an unwillingness to foster the child's relationship with the father, and her continued requests on his parenting time could be construed as harassment that detract from his relationship and quality time with the child. Could also argue that mom's continued unemployment may harm the child. [/quote]
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