Are Demands for Joint Child Custody Legitimate? Less Often Than You May Think

First, I would like to suggest that anyone reading this go back to the prior post that relates quite directly to this topic. In short, that post essentially is an exploration as to the risks and rewards of children sharing near-equal time with both parents. There has been significant debate on the question of whether our court mandated restrictions on joint physical child custody is helpful or hurtful to innocent lives.

It is more than remotely possible that we will soon see legislation which attempts to level the playing field for non-custodial parents. As such, there is an entirely different lens by which to consider requests for joint custody; ask yourself, is it often being used as a tool to avoid child support obligations? My answer is an unequivocal YES.

At my office, a common topic of conversation revolves around what it means to be an ideal client. We receive possibly in excess of 10 calls per month that start the same way. “Mr. Poole, I want joint custody of my child”. I always make sure to attempt quickly ascertaining whether the caller, by and large the father, truly can and does have the motivation to seek joint physical custody. More often than not, these callers are delinquent in child support and will do just about anything to lessen their loads. These are not ideal clients for a single father like myself….not even close.

We love nothing more than fighting for the ideal parent, whose sole motivation is derived from love for their kids. Often, fathers are properly motivated and well-intentioned, but unfortunately this is not always the case. An ideal client is first an ideal parent. Seems simple enough, right? Never forget that, as noted in our previous article a parent will almost never be granted true equal custody. Standard visitation is the law of the land with a few notable exceptions, most often being agreement or preclusion based on employment obligations.

What can we learn here? A few couple of things stand out to me. First, non-custodial parents are often not motivated by the right things. Secondly, there would not be such a huge amount of domestic litigation if everyone were reasonable. Kids are expensive, and mom and dad need to partner for the sake of their little ones. Avoiding payment of support is the oldest trick in the book, but a fair result is always possible. Unfortunately for a parent who is ill-motivated, they can and will be easily exposed.

Matthew Poole is a Jackson, MS family lawyer focused on results in challenging custody and divorce matters. He is a 2001 Millsaps Second Century Scholar and Finalist of Steen Reynolds, and Dalehite Trial Competition.

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