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Changing form joint custody to shared custody

Posted in Belleville, Children, Location, Ontario by Questions on February 19, 2014

When my wife and I seperated, we agreed to joint custody as she was able to move into a house while I was in an apartment. 2 years later I am in a stable relationship, in a house and wishing to change to shared custody. My ex wife does not want to change to shared custody and does not think I would get it through the courts. As I already have joint custody why would I not be able to get shared custody. I am an active dad and as a shift worker take the children to most of their doctor and dentist appointments. Hopefully you can help, thank you

1 Expert Comment

  1. On February 24, 2014 at 10:22 am
    Jennifer M. Long, B.A. J.D. said:

    To obtain shared custody, there are many factors which come into play. First though you have to show a material change in circumstances since the date of the Separation Agreement or court order. It sounds that there has been a material change but at all times, the court would look at the best interests of the children. If the curent arrangement has been in place for some time, it may be difficult to change it because it may be argued that the children are settled and this may upset their routines etc. Generally, the status quo is very important. However, I would need more information such as the ages of the children, how often you currently have them, whether you have a separaton agreement in place or court order etc. and when those are dated, etc. You are urged to seek legal advice who can go through these and other questions and give you better advice on your chances of changing the status quo.

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