What happens if two people file for custody at the same time?

Family Law Forum
1

I just don’t get it… Someone please help me understand. I had a DCFS case open because my daughter’s dad’s wife called social services on me, but that case was closed on July 4th. I have 50/50 physical and legal custody. My daughter was with me until this past holiday weekend when he picked her up, and now he refuses to let her talk to me or see her. I’ve been going to court to file again, but I think I might get served by him soon. What happens if we both file at the same time? I’m really stressed about all of this.

2

That sounds really tough. In my experience, the court usually looks at the best interest of the child. Have you talked to a lawyer about it?

3

Mackenzie said:
That sounds really tough. In my experience, the court usually looks at the best interest of the child. Have you talked to a lawyer about it?

I haven’t yet! I’m just trying to figure out my next steps. I’m worried about him trying to take more custody.

4

If you both file at the same time, the court will review both cases. It might delay things a bit, but just stay on top of it!

5

Zimri said:
If you both file at the same time, the court will review both cases. It might delay things a bit, but just stay on top of it!

Ugh, I just want to see my daughter. It feels like a never-ending battle.

6

Honestly, it can be a mess. Courts might lean towards the established custody agreement, but you need to show you’re involved and caring.

7

Ben said:
Honestly, it can be a mess. Courts might lean towards the established custody agreement, but you need to show you’re involved and caring.

I’ve been trying to stay involved. It’s just frustrating that he thinks he can just take her.

8

I dealt with a similar situation. Document everything and keep records of your communication. It can help your case.

9

Corwin said:
I dealt with a similar situation. Document everything and keep records of your communication. It can help your case.

That’s a good idea! I’ll start keeping track of everything.

10

I’d definitely suggest getting legal advice. It can make a huge difference in how things go.

11

Ash said:
I’d definitely suggest getting legal advice. It can make a huge difference in how things go.

Thanks! I’ll reach out to someone. Just feeling overwhelmed.