Brad Pitt could still keep joint custody of kids amidst ongoing battle with Angelina Jolie

American actor Brad Pitt has appealed for the California Supreme Court to review custody case with his ex-wife Angelina Jolie.

Weighing in on the issue now, is a family law attorney who revealed whether or not he will be keeping the joint custody that he was awarded two months ago, all depending on “various circumstances.”

In a chat with HollywoodLife, Sabrina Shaheen Cronin said: “Since most of the filings pertaining to custody are sealed, it is difficult to determine whether or not Brad will be successful in his goals.”

“If Brad is able to prove that there has been a substantial change in circumstances since the entry of the Judgment of Divorce that warrants joint custody rather than full custody with Angelina, then he will be successful,” she went on to say.

The new judge in the case will have to agree to the ruling by the disqualified Judge John Ouderkirk.

“Based upon the ruling back in May, if the new judge agrees with Judge Ouderkirk, then it is probable that the ruling will stand,” she shared.

“Since the ruling from Judge Ouderkirk was entered prior to the Motion for Disqualification filed by Angelina Jolie, it is likely that his ruling in May will stand until the situation is reviewed by another judge.”

“When an Order is entered by a judge, and it is not timely appealed or an appeal of the decision is denied, that Order stands unless and until a new Motion is brought forth to challenge it and alleges new circumstances by which a custody arrangement should be modified,” she said.

Talking about how difficult it is to get joint custody in California, Cronin said: “According to the California Family Code, there is a presumption that joint custody is in the best interest of a minor child.”

“A presumption in the law is always rebuttable, meaning that if a party disagrees with the presumption, they are able to present evidence to the contrary and argue their position. In California, when a party challenges the presumption of joint custody being best, the court is required to consider the arguments of the parties and render a decision that states its specific factual findings,” she said.

“The difficulty of achieving an arrangement other than joint custody depends on the specific circumstances of each case and will ultimately be up to the judge to determine,” she added.

“In California, if a child is old enough and aware enough to form an intelligent preference, the court will give weight to that child’s preference,” said the attorney.

“It will be up to the judge to determine if the children are able to provide intelligent preferences and if it would be in the best interest of the child to state their preferences. With the minor children ranging in age from 13-17, it is very possible that the court may consider listening to their opinions if they feel the need to speak out about their preferences,” added.