Joint custody for uninvolved father?

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My husband and I have been separated for nearly a year now, and as a stay at home mother (now finding my way back onto the job market) I am applying for sole custody of our son and daughter. Their father wants joint custody. However, during our marriage, I was responsible for everything to do with the children, from doctors' visits to parent teacher meetings, to taking them to birthday parties. Since our separation, he has had the children on their scheduled weekends, but has not attended any of their school events, not even my daughter's elementary school graduation. When they were invited to birthday parties on his weekends, he didn't take them. Also, when he had them for two weeks in summer, he went to work every day and put them in a camp for the whole period of his summer visitation. What are his chances of getting joint custody?

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Andrew Heft

10 years ago

While you offer numerous pertinent factors, the determination of joint or sole custody is not an exact science and especially not a mathematical formula that is easily applied.

What the Courts consider is which solution is in the best interest of the child. One of the very important factors to remember is the maintaining of a relationship with both parents.

While some parents might not be perfect model parents, and might not be as available as others, they can nevertheless be given joint custody of their children. The Courts do recognize different parenting styles and the fact that some parents might be busier than others. In cases such as the one you describe, the question that should be asked is whether the children would suffer if the parents were given joint custody or if it would actually be in their best interest to give custody to only one of the parents.

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