I was granted sole cusotdy when divorced husband was in prison he's now out wants joint custody. I do not want to give him joint custody. I have been told a judge will order this anyway. But if I did what would i be giving up? will this give him more rights??
There was not a child support order given due to fact he was imprisoned, i have been trying to get this set up is there anyway i can ask for something for the past 5 years he has been gone???
1 Answer from Attorneys
The answers to your questions depend upon a variety of factors and your post does not include enough detailed factual information for an attorney to provide you with much advice. If your ex-husband files a Motion to Modify your Divorce Decree, you can certainly file a response asserting your position that joint custody would not be in the best interest of the child. The Judge will not automaticall grant an award of joint custody. By the way, if you consented to a change to joint custody, then you would be agreeing to share most parenting decision making with your ex-husband. Also, you definitely need to consider seeking a child support Order. My understanding is that you could have had one in place even though your ex was in prison. Since you did not, there is no way to get child support for that period of time at this late date. Please consult with an attorney in your area.