Custody Action


#1

I have filed for full custody. My spouse was already granted one extension. He finally answered with a counterclaim asking for the same thing. My suspicion is he will take advantage of any type of delay to bide time. How does that work and how many times can a custody action be be extended in the court system? Also, what do most judges recommend for visitation for the one who DOES NOT receive full custody?


#2

Generally, there is only one 30-day extension granted in order to answer a complaint and file a counterclaim. Now that your spouse has filed the counterclaim, your case should proceed. You will attend custody mediation and be able to schedule court dates.

Joint custody vs. primary custody with visitation “norms” vary among districts and among judges. Most often joint custody is awarded. Joint custody is when the children spend equal or close to equal time with each parent.

Sometimes primary custody is awarded to one parent with the other parent having secondary custody, or visitation. A visitation schedule is usually done on a case-by-case basis in order to best fit a child and the parents’ circumstances and schedules. For example, every other weekend visitation and half of all holidays is a common visitation schedule when joint custody is not awarded.