Question asked on Oct. 21, 2020
Q: Currently me and my ex have joint custody, I have the kids 5 days and he has them 2 days. He has recently asked for 50/50 custody and I’m not sure I agree with that. His living situation is not ideal. He lives with his family in a 4 bedroom house, there are 5 people living there (7 when the kids are there) and he has a hard time holding a job and is currently unemployed. He has a conviction for DV as well as another conviction for charges that involve a minor. Will a judge grant his request?
A: No competent lawyer would ever promise a result in any case, especially on the basis of limited information, but as detailed in the child custody materials here, his DV conviction alone makes him presumptively ineligible for either primary or joint custody. It might be a good idea for you to consult with a family law specialist about all of the facts and circumstances; if you do not believe it is in the children’s best interest, you should not agree to the change.
