Joint custody without the consent of the mother | Obviously you have something to lose in a divorce battle and not just money! You may lose control of your business, your freedom and your relationship with the children if you do not manage things wisely. With 2 decades of experience in achieving fair divorce agreements I will answer you in advance a large part of your questions and concerns and show you how to avoid legal and financial problems.
Joint custody
Is custody in which both parents are equally, or almost equally, present in the life of their joint child. In recent years, slowly among the courts, social workers, welfare officials, and all those involved in family law and child custody, a new trend has emerged that for the development of the child, it is better and worthwhile for both parents to be present in his life. According to this view, the courts today rule that there will be joint custody in the relevant cases and in accordance with the best interests of the minors. Therefore, even if the mother objects to joint custody, if she does not have a good reason why to avoid time with the father, the court will rule on joint custody without the mother’s consent.
One example of a change in the court’s perception regarding joint custody without alimony and the importance of both parents in the child’s life can be found in Judgment No. 53472-12-11, where Judge Varda Ben Shachar notes: “In recent years a new approach has begun to develop The legal concept that deals with the custody of minors and the determination of a custodial parent and in its place to impose new legal principles that are based on a model of parental responsibility, with the aspiration being for joint parental responsibility.
This model is based on findings of studies that have indicated the importance of both parents’ role in the development of their children. Importance that becomes even more significant when parents divorce.
The conclusions of those studies were that the more fathers were involved in their children’s lives and were given the opportunity to provide (children) with emotional support and security and they helped address their academic, functional and social needs, those minors functioned better at social level and adapted to divorce. Parents support and partner in their upbringing. It was also found that giving priority to one parent over the other by determining him as the custodial parent gives that parent advantages in the ability to influence the children, in their attitude towards the other parent to the point of creating alienation between the children and the other parent. ” (Family Court in Rishon Lezion 53472-12-11).
Judgment on joint custody
In cases where there is no reason to prevent the father from joint custody of his child, the court may impose joint custody of the mother in its ruling. An example of this can be seen in a judgment given in the Jerusalem Family Court by Judge Nili Maimon, who stated: “In circumstances where one parent did not function as a better parent than the other, A particular preference pertains to various decisions regarding the upbringing of children In circumstances where both parents functioned as worthy parents in equal parental function, fulfilled parental duties equally, there is no room for granting custody to one of them, while depriving the other parent of the right and duty to be the custodial parent ”(Jerusalem Family Court 016422/08). The court rules that in the absence of circumstances that justify preferring the mother over the father, joint custody will be granted without the mother’s consent..
Custody of a father
Many fathers ask themselves, what happens if full custody is given to the mother? Is this reversible? What can be done and under what conditions can an application be submitted in order to receive custody? First, the answer is everything is reversible, and if the conditions set out in the law are met, the court can order a father to have custody of his children, even if a few months earlier, a custody ruling for the mother. Among other things, the father must prove that a material change of circumstances has occurred, which due to this change of circumstances it is necessary to reconsider custody of the children. If there are no exceptional circumstances or non-normative behavior of the father, chances are high that the court will approve and change the sole custody of the mother, to joint custody of the father And if the father points to a particular ground in which the mother is unable to function as a parent properly, the court will rule in favor of the father full custody. In case the father wishes to receive custody of his children, whether partial or full, it is recommended and desirable to consult a divorce lawyer who specializes in family law and has experience in child custody in particular, in order to achieve the best results for the client..
Joint custody and division of days
In some cases, it is not enough that joint custody is granted, the parents have to cooperate with each other regarding the children’s time spent in their custody, and show consideration for each other as much as possible, for the purpose of the joint children. For example, the division of days between parents should be as fair as possible. Both parents need to have time with their child on holidays, birthdays and weekends. If, according to the length of stay in a special event, the child is to be in the custody of the other parent, it is better for the parents to show consideration for each other and to be flexible in favor of the child’s presence at all important events.
Transfer of custody from mother to father If for one reason or another full and exclusive custody was given to the mother, this is not irreversible. If certain circumstances exist in the law, you can apply to the court at any time and request the transfer of custody from the mother to the father, or at least you can petition for joint custody. Sometimes, the joint custody can be given to the mother since it is a soft baby or a breastfeeding mother, once the circumstances for which the same exclusive custody was given to the mother have changed, the mother can petition for joint custody even without the mother’s consent. It is worth noting that in such a case, the alimony will also change and be reduced accordingly, since in joint custody the children stay with the father equally as they stay with the mother, and accordingly, the father incurs additional expenses. Even in paying the exceptional expenses, both parents will bear equally
