Joint custody


#1

I have been divorced from my ex-wife for 6 years now and she currently has primary custody of our 11 year old daughter. When I left, my ex-wife stayed in the house because I thought it was best to not uproot our child who at the time was 5. I am now in a better place financially than I was when I left. I am now in a house and getting married in a couple of weeks. There are no concerns of “fit parenting” involved in this, but I would like to file for joint custody now since I am in a different position. If I pursue this, is there only a chance of joint custody if her mother was unfit? What are the chances of a judge allowing joint custody now? Also, I know that if it was up to my child (which I know it’s not) she would want to be with me. At what age is a judge willing to talk to the child? I understand this is not a determining factor, but unsure about when the courts would listen to her.


#2

One parent does not have to be unfit for the other to assume shared physical custody.
Whether or not the child will have a chance to be heard in the matter is not dependant on the child’s age, but rather the child maturity level.