AKMV “Is joint physical custody feasible if the father resides 400 km away?”
QUESTION
Dear Sir/Madam,
My former partner is planning to apply for joint physical custody, even though he resides 400 km away. Our daughter has been in my sole custody for 8 years, under an arrangement where he spends alternating weekends and holidays with her. He is now seeking joint physical custody, to which I object because our daughter attends school and participates in regular extracurricular activities. I cannot envision how this would function if she were to attend two different schools and integrate into two separate social groups. Is it legally permissible for a court to approve joint physical custody across such a significant distance?
ANSWER:
Joint physical custody is a form of parental care whereby parents share the child’s upbringing on an equal basis. However, given such a substantial distance (400 km) between the parents’ residences, the court will evaluate several critical factors that may influence its determination:
1. The Best Interests of the Child: The court’s paramount consideration is always the best interests of the child. Your argument that your daughter has an established Individualized Education Program (IEP), her extracurricular activities, and a stable school environment is significant to the court. Continuous relocation over such a vast distance could adversely affect her education, development, and psychological well-being.
2. Logistics and Distance: In many cases, joint physical custody is feasible if the parents’ residences are located close to one another. A distance of 400 km implies that your daughter would have to periodically change environments, schools, and communities, which can be highly disruptive for a child of her age.
3. The Current Custody Arrangement: The court will take into consideration that the current custody model (alternate weekend visits and holidays) has functioned effectively for 8 years without issue. If the child is thriving under this framework, it may serve as a compelling argument to maintain the existing custody arrangement.
It is vital that you present arguments and evidence to the court demonstrating how joint physical custody could negatively impact your daughter. Our law firm is prepared to assist you in compiling the necessary documentation and providing legal representation before the court to ensure your daughter’s interests are fully protected.
JUDr. Veronika Michalíková, MBA