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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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What is the likelihood of me as a father getting joint custody

Resolved Question:

What is the likelihood of me as a father getting joint custody of my 8 year old son
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How is the care of the child shared between you at the moment?
Clare
Customer: replied 3 years ago.
Hi Clare
My wife and I are currently still together in the marital home. She has indicated that she would wish to end the marriage at some point in the future. In discussing child arrangements she indicated she was against joint custody and would be willing to come to other arrangements. However, I believe the bests interests of my son would be best served in having joint custody of him, where he would properly have the benefits that both parents would undoubtedly provide. I am recognised as an excellent father something my wife acknowledges. I would not choose myself to break up the family unit and bring this upon my son, but it is something I fear that we shall have to face and why I am asking the question. Many thanks.
Customer: replied 3 years ago.
Hi Claire -Any response to my question? Tim
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Do you both work full time?
What suggestion for shared care do you wish to make?
Clare
Customer: replied 3 years ago.
Clare -Yes we both work full time. However, I work in London and Reading and commute on a daily basis from Worthing in Sussex to the home. I do this in order to pay for his school fees and the like. However, I work from home on Fridays where I take and pick him up from school anyhow and my weekends are devoted to my son, including taking him and staying with him for his activities (football/karate/tennis). So Friday, Saturday and Sunday would be ideal for my custodial care of him. As an aside my mother takes him to school most mornings and collects him from school keeping him till my wife gets back generally 6'ish. I would of course be open to my wife having him on a weekend when there was reason and with agreement.
Expert:  Clare replied 3 years ago.
Hi
Does your wife work weekends?
Clare
Customer: replied 3 years ago.
Clare. - no she doesn't . She has her own activity on a Sunday morning to 1pm - fencing.
Customer: replied 3 years ago.
The key thing is I get back late from London or Reading maybe 8.30-9.00pm. Where I may get the opportunity to say goodnight. My relationship with him on a custodial basis could only be maintained over the Friday/weekend. It pains me to want to bring my son in to it but if he had a say he would want to be with his dad too - we have a very close father/son relationship.
Customer: replied 3 years ago.
Hi Clare - did you get my responses
Expert:  Clare replied 3 years ago.
Hi
There is no longer any concept of "Custody"in Uk Family law - and after next year the concept it was replaced with "Residence" will also disappear
The concept of Shared Residence is growing in popularity as it reflects the fact that the child will be sharing his time between you
However unless an agreement can be reached then there is little likelihood that a court will Order that you have every weekend and your working ex only has the weekdays
You could possibly negotiate two weekends out of three - plus half school holidays, but if you cannot reach an agreement it will be difficult to persuade a Court to impose it
You should try and discuss matters using Family Mediation (www.familymediationhelpline.co.uk)
I know this is not the news that you wanted - please ask if you need further details
Clare
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