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Cross Post: 50/50 custody fight

Thursdaysarethebestdays's picture
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Has anyone had any experience fighting for or against 50/50 custody? I'm looking to help DH fight against BM request by getting an idea of what has worked for others in getting or fighting against this request.
Any help is much appreciated . . .

Background:
- DH was primary caregiver during their marriage, and has witnesses (parents, church members, coworkers, teachers) to back up that claim.
- When BM left 4 yrs ago, DH and BM had a verbal agreement that DH would have skids during the week and BM would have them on weekends and BM paid no support for the kids. This schedule worked up until last year.
- Last year BM and her mother started demanding more weekday time with skids so DH filed to stop BM from changing things. The court ordered BM to pay CS as NCP, made DH CP and granted BM "extended" possession, which allowed Thursday overnights. *DH would have gladly refused CS if he could also refuse to give BM those Thursday overnights.* (This is even more so true now since it's not like BM pays the CS).
- The court ordered a social study, in which the Social worker stated, it would be best for the kids if "things stayed the same or moved to a 50/50 arrangement". We believe this encouraged BM attorney to push for 50/50.
- DH's attorney set up mediation for DH and BM, which BM attorney refused. DH attorney suggested that DH try talking to BM about keeping things the same. DH approached BM with the argument that DH "would like to try to put an end to all of this, keeping things as is, because so far the kids have come through all of this unscathed and are doing well". BM rejected this saying "I'm not a weekend mother" (despite her being just that for at least 4 yrs) and she suggested a schedule that involved alternating months or something like that. Obviously, DH rejected this idea.

Now, we feel the following things are in DH favor for keeping things as is, but of course, we can't be sure:
- With the previous schedule, the kids were making great grades and had good behavior.
- We have letters from teachers describing their contact and communication with DH over the years.
- When the Court Ordered the Thursday overnights, we saw a change in behavior of the youngest (i.e. fighting, talking back to teachers, defiant attitude), although we can't exactly prove this because we weren't aware that we should have been keeping track of behavior prior to DH going to court.
- The skids have said things that prove BM talks to them about court order/court process.
- BM has not paid CS.
- When the kids spent 30 days with BM at the beginning of the summer, they didn't complete their daily summer homework (only relevant in that BM is requesting a week on/week off schedule, but this points to an inability to keep up with the responsibility this kind of schedule would take).

I've been reading different things on the internet and I've seen things suggesting that a lot of judges are reluctant to order 50/50 if both parents aren't on board, but we can't really bank on that.

kidscallmemommy's picture

I see our situation in yours in a future time. I will pray for your case. Sorry, we have not gone to court yet since we would want to save the skid from the pressure it may bring upon them. Please make an update of your case so we too will know what will happen. Thank you.

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The headaches you need to endure of the ex's jealousy and insecurities even when they did wrong and the one truly doing the right thing cannot help but be good for the skid.

Thursdaysarethebestdays's picture

Thank you for your prayers. We too hesitated about going to court at first, but when BM started demanding things, court seemed to be the only option to have any legal standing to protect DH rights. So this process has made me feel like there really is no option for fathers who do everything "right" (not perfect, just right for the sake of their children) and look to the courts for help.
Court is about one month out, so I will do my best to remember to update on this post.

EdgeOfReason's picture

My dh is the custodial parent of his kid, has been for the last 7 years. Mom would very much like to go 50/50. We're constantly in court because of it.

Mom may want the kids for the CS or she might want them for other self serving reasons. I doubt that after all these years she has a sudden yearning to be a parent since she has never parented before.

Dh's ex has some severe issues, but judges want her to be happy so she stops filing in court. Every time she files, she gets 'something,' a little more time, some verbiage added the the order, whatever. What the judges don't realize is that she will never be happy.

"... things stayed the same or moved to a 50/50 arrangement ..." that's a bs recommendation, if you can even call it a recommendation. What else did the SW say? You may want to subpoena all of the social workers documents ... check out http://www.badcustodyevaluations.com/ They have a lot of good information on there, this is not a recommendation for their services.

I would note that we have had custody evaluations done by 1 psychologist, master's level, 1 doctor of psychology and one licensed social worker. The social worker's report was terrible (mom's expert). The social worker only read some of what mom gave her and then went on spoken testimony only. You can't get our situation without looking at the documentation.

The doctor of psychology was the best report because it was in depth. She read everything we gave her and compared what was said to the evidence.

Mom's expert cost her about 2k, ours, for the Dr. of psychology, first time around cost 6k.

SanAntonioSoccerMom's picture

What is the material change in circumstance that occurred that BM wants to modify the custody order?

EdgeOfReason's picture

Our state doesn't require a change of circumstance anymore. All it requires is a feeling that it is in the child(ren)'s best interest. They don't even have to say why in the filing, so we have no clue what they intend to argue. It's impossible to prepare for. Basically you have 2 choices, prepare for nothing or prepare for everything. We prepare for everything, which means hours upon hours of work.