Many states will automatically give joint legal custody unless one parent is incarcerated. I think it's pretty annoying because that doesn't pertain to abuse often. My daughter's dad was abusive towards me and it led to me delivering her early due to pregnancy complications. We have joint legal custody and I have full physical just because he works so much, lives 2 hours away, and our daughter is only about 8 months. While we have joint legal, I still get final say on major decisions. So if she wants to be baptized in our church when she is the right age for that, which her dad is very against, then I can overrule his decision to not let her. That was she can do that if she wishes. If he has a temporary restraining order, then you may be able to get full legal custody, I'm not sure. I would recommend speaking with a family law attorney about that so you can get the right answer for your state and circumstances. You most likely can at least get final say on decisions.
@Dejsi Thanks for the comment. He has supervised visitation because he has been child abuse too. Unfortunately I don’t have evidence so I don’t know how much I can proof to get the full custody.
@Lianna thank you for the response. I am so sorry to hear that happened to you during your pregnancy. For getting the final decision making, that would be requested to the court right? If at least I can get that, that is still much better then joint decision making.
So we did mediation in January and that's where we got our custody stuff figured out. I pushed for the final say on decisions and compromised by being a bit more flexible with his visitation. Since he's so busy we decided on one visit a week anyway. He missed last weekend because of some dentist appointment that he didn't even go to 🤷♀️ You could probably request it through the court. I'm not sure how that process works. He was going to take me to court because he wanted full custody and for me to pay child support. My attorney laughed reading the petition his attorney wrote up. Most attorneys will highly suggest doing mediation before going to court because it's usually a lot cheaper and you're more likely to get what you want out of it because it's basically a mediator communicating between two parties to help them come to an agreement. Courts often will just give the default solutions of 50/50, which doesn't work in most cases.
Hi I’m going though this right now and I definitely file for full custody and will see how that goes i don’t know much about family law but if he has supervised visitations only there must be a reason ? I don’t think they gonna give him joint custody easy if he has supervised visitations only at this moment I mean also depends on state too