How to get joint custody of a child is a common question for many parents when their relationship breaks down and there are children or a child involved.
Firstly you must recognize that there are two type of joint custody-joint legal custody and joint physical custody.

Mediation And Dispute Resolution

The best way to get joint custody of a child is by agreement with the other parent. This is cheaper and kinder on all parties-make every effort to engage meaningfully in any dispute resolution process which keeps you out of court in the first instance. There are many skilled child custody mediators who are experienced in this area and can be helpful in both parents coming to an agreement in the best interests of the child and all concerned. If mediation and alternative dispute resolution is not successful then you can apply to court for joint custody.

Filing For Joint Custody

Filing for joint custody will involve making an application to court which is a task you can do yourself but you would be well advised engaging the services of a legal professional to help you. Interacting with the court in any area of law is rule and precedent driven and for the uninitiated it can be a complex and difficult process without the assistance of an attorney.

Your attorney should be experienced in family law and child support and child custody in particular. His first step should be to contact the attorney for the other parent and try to negotiate a settlement and agreement. If this fails then he/she will need to file a petition in court on your behalf. Ultimately it is the court then that will decide on your application and this will be mainly guided by the “best interests of the child”.

Your attorney will file your petition with the clerk of the relevant court in your state and you will pay a filing fee which will range from $50 to $100 approximately. As in all legal proceedings your petition will then have to be served on the other side, the other parent, and they will be on notice of when and where your petition will be decided. If this does not prompt settlement talks with the other attorney then off to court you go and present your case in the best light your attorney can. The judge will undoubtedly urge both parties to try to come to an agreement but if this is not possible then the hearing will go ahead and it is up to you to persuade the judge that a joint custody arrangement is in the best interests of the child.

Your attorney should be of great assistance in putting forward your case and matters that will be introduced in court will be your parenting skills, the positive role you can play in the child’s life and upbringing, your ability to provide for the child and be a good influence in the child’s life etc. But ultimately the decision will be one for the court and the type of custody you might be awarded can vary quite a lot with joint legal custody being awarded to both parents with one parent being granted responsibility for the day to day care of the child.

Your  preferred outcome should be thrashed out prior going to court with your attorney and there is no excuse for confusion in this area with a good, experienced child custody lawyer.