how do I get the started with my divorce and gain joint custody of my new born daughter?

Its not working out, me and my wife have agreed to a divorce with no strings attached. The only thing we share is our 3 week old daughter. I would like joint custody of her. How should i get started and what information do i need to know?

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    9 Responses to how do I get the started with my divorce and gain joint custody of my new born daughter?

    1. George McCasland - Papa Bear says:

      How about Bird Nest custody?

      I’ve been a Father’s Rights Advocate for 20 years.

      Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father’s rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it.

      Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge.

      Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House.

      If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital.

      Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.

      Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,

      Now, you can’t just record, you also have to transcribe it into the daily journal.

      If you want to learn how to do all this go to Dads House in Yahoo Groups. There’s an educational manual in the file section that can teach you what you need to know. Take the time to learn what you can and should do.

    2. fluffer says:

      i think yahoo answers is indeed the first and best place for such an important legal matter
      you get such intelligent people on here, many of who are lawyers offering free advice
      im sure your daughter will grow up proud that her dad asked for advice from such a vital legal tool as yahoo answers with regards to her future

    3. Mean Carleen says:

      Someone has to initiate the divorce and if that is you — there will be a section in which you state your seeking joint custody. If she initiates it you still have a section in which you respond that you want joint custody and take it from there.

    4. i j says:

      Who has the time and the income to bring her up?
      That`s what it boils down to, and—- don`t argue whatever you do–just agree whatever is said, then things can be altered slowly with ease later.

    5. Kimberly G Momma of 1+baby bakin says:

      The law states joint custody is whatever the parents agree. Of course there are instances where the parents agree to substantially equal custody, for example, having custody in alternating weeks, or one parent having the child during the school year and the other during the summers, etc. The only items the law requires to be addressed in a Joint Parenting Agreement are a method of resolutions of "major decisions, such as education, healthcare and religious training." The fact is, however, that with most parents, major decisions involving education, health and religion rarely come up. Joint custody does not involve joint decision making for the day-to-day care of a child.

      Automatically, if you get divorced, the interest of the child is taken into consideration, if the mother is the most apt to caring for a child, then custody will be awarded to her, in turn you will be ordered to pay child support, and thats where the joint custody will persue. The typical "joint" custody is every other weekend and shared holidays.

      Talk with a divorce lawyer, I believe Joint custody as long as you are paying child support is mandatory.

    6. craig.winter41 says:

      If your wife files for temporary custody first she will have an easier time keeping custody. I suggest filing first and asking for joint custody. Filing first classifies you as the petitioner, and the other person is the respondent. In all the custody proceedings I’ve witnessed, it seems like the petitioner gets what they want. From here on out, no matter what a spouse may say, everything has to have some kind of legal paperwork. A lot of spouses will say one thing and end up doing the exact opposite when it gets to court. Look out for your daughter and yourself, hire an attorney if you can. Good luck! Remember, a child needs BOTH parents in their life as much as possible. Don’t use the child as a bargaining tool.

    7. counting days says:

      Get a lawyer.

    8. Allison, the Nice Lady says:

      Talk to a lawyer and not yahoo answers.

      Divorcing with a 3 week old? That’s awful. Does this really need to happen?

    9. Cham says:

      In most states, it is presumed that Joint Custody is in the best interest of the child. However, having Joint Custody does NOT mean that you have equal parenting time with the child.

      If you are seeking equal parenting time with a child that’s 3 weeks old, you can forget it unless you both agree…but even then it still may be a task getting a judge to accept any such agreement.

      You’ll first need to sit down with your wife and ensure that everything in relation to property, debt, and the child is agreed upon, and things that you can’t agree on are left to the court to decide.

      You’ll need to file the petition with a request for temporary orders, and then it’s all downhill from there…hopefully.

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