Within these documents, parents specifically state how they are seeking joint legal and physical custody. Here's the background. We both work outside the home and we both have to work. For the life that I wanted my children to have. Before you give up on getting full custody of your kids, here are the answers single dads need to know. My 2 1/2 year old and 4 year old. As the allegation is a complete lie how can I get to see my niece, can anyone help me with advice please. my husband wants 50/50 custody of our 2.5 year old, he is a great father and they have a strong loving relationship, he provides financially, i do not work, my husband and i are incompatible. Need it? There are two aspects of custody. Wish to leave there mum and live with me there 16 id love for this to happen but the place I. Can I Leave the CSA and Come to a Private Arrangement? Since he left, he hasn't seen barely any of them. He is now taking me back to court to cancel child support and sue for 50/50 custody of our 5 children. I was advised by family by family to please leave again as the kids were in the house and if anything such as tempers flaring happened with police being there, the image of me being taken away/detained is something I didn't want the kids to have plus how that could affect my case if we ever ended up in court. Chat to other single parents here about the joys and challenges of single-parent life. Yalinda: Could my husband get full custody of my kids because I work so many hours and don't see them very much (just on the weekends)? What are his chances of getting full custody even though my daughter is only 7 months and she hardly knows him. When a parent has 50/50 custody, this generally means they share physical custody. His ex fell pregnant while having an affair. It's almost at the point where he doesn't know how much longer he can keep going before he walks away from his daughter because the mother is pure evil. In all cases, however, the court will be primarily focused on the child’s best interests. In particular, many parents like splitting time 50/50. Child is Left in Care of 13 Year Old: Can I Prevent It? Legal custody refers to the right of a parent to make decisions regarding her child’s care, welfare, education and health. Last year, we went to court and were granted 50/50 custody with alternating holidays in even and odd years for each of us. How to Get to See My Kids and Help Other Separated Dads. What Can I do to Stay in My Daughter's Life? I have been a single parent since early pregnancy when my daughter's dad chose not to want a family with me, although I have ensured that he has played an active role in her life. Cafcass Staff: A Broad Cross Section of Society? His parents have lots of money so have hired a top solicitor and I just don't know how to fight this as he stops maintenance all the time and I don't have the money to pay for a solicitor as all my money goes on my children. Hi i am.a young dad split with my ex im.only allowed my son of a saturday night he goes home sunday n then have him of a monday till7 on nite im.on birth certificate but yet im not allowed no input on my sons life im on his birth certicate i would like to no wat rites i have and how often i shoukd have him by law. In going to court know everything about the children do something routinely special with them like walks where you can talk and spend actual quality time . My ex is going for 50/50 access in court and I have never stopped him from seeing his children even though there have been 100 reasons why I should. Parental Responsibility: Have it? Hi, With the (childs age) its up to her to make the decision and come to me if she wants meet me .to then I am done . (I am done) .in my book I never a had a child . I want to leave him but I am afraid of losing my daughter half the time. If one parent objects to joint custody, it is rare a court would approve such an arrangement because joint custody requires parents to cooperate, compromise and interact for the benefit of the children. ask for your children as much as possible and keep a log of how often you have your children as evidence for going to court keep all of your text conversations civil and only about the children/separation and don’t give in you don’t deserve to be a bit part player in your children’s lives . She took the baby 2.5 HR drive away from him to make it almost impossible to maintain work/life balance and travel all that way every weekend to see his daughter for a few hours, refuses to meet half way or drive anywhere to help with the extended travel from her taking his daughter away from him. Having a bio father wanting access disturbs all that .I have family members who went legally for his girls thats great for him .but for me I am not one off those men i believe wait to they are adults and then try and meet them .I believe in this and stand bye it . Since the turn of the new year she has decided she is no longer going to bring them halfway and if I want to have them stay with me I have to go and pick them up after work, getting there for like 8pm then back home for around midnight at least, and then do the same when I take them back on the Sunday. My stepson made a false allegation against me however it has been investigated and there is no charges as the allegation was a complete lie. Re: What Organisations Help With Rights for Dads? In wouldn't accommodate more people so would I get housedthrough council if this was to happen As I need a 3 bedroom house in London and to private rent would cost a ton of cash that I dont have. Hi All, My ex-husband and I have 50/50 custody of my daughter. I have a 2 bedroom house and both children share a room with there own beds. During the first few years of this custody arrangement, we appeared to be on such good terms that I would allow him into my house when he picked up our daughter for custody … Can My Ex Stop Me Taking My Son on Holiday? Today he said he will be taking me to court for joint custody. The best solution would be for you two to agree on a schedule, but yes, if you went to court, it is likely they would award 50/50 custody unless … Ihave always had my daughter twice a week from the start sometimes more, I've taken her on holidays with me and her brother, been very much invovled with her nursery/schooling attended all her events, activity, parents evenings even attended stay and play week after week religiously, where has my ex has hardly attended anything with her sons school apart from 1 patents evening and 1 sports day.and l know that we have a great father and daughter bond. How Can I Avoid Losing Contact With My Daughter? If a court grants you custody, it doesn’t necessarily mean your children will live with you exclusively and that you get to make all the decisions regarding their lives. The child is 16 now she might get( curious when a bit older )and she might want to know herself who her bio father is .there is a few options off bio father's especially with her mother . Physical (where the child spends the night) and legal (the right to make major decisions on the child’s behalf). (Call me an idiot I know) My ex husband is an attorney and submitted our settlement himself. Generally, parents with physical custody have legal custody over their children. (f I would love to get that dna test done) .just to prove I wasn't the bio father that would shut all my famìly up .then I could say this is why I never fought for this child because (she is not mine) .then I make them apologise for calling me a bad father . We have separated and my ex wife won’t let me see my niece. What if when a bias is shown by a court to the mother the father then identifies with being a mother which mother then gets the bias What are his chances in court of 50/50? Do I Have to Pay My Wife a Certain Amount? We we got back together in 2004 and broke up in early 2007 because he was abusive and controlling. Insurance and Investments for Children Following Separation, Breach of Contact or Residence Order: What to Do. My personal suggestion is: Once couple separated,the best way avoid suffering emotionally is to move on to new relationship and new kids better income job,love yourself and believe yourself you only live better by moving on.No point to fight for custody as it’s wasted of time and energy.everyone should think about how to foucus on better career,and live better life.past must let it go.The more money you earn means the more can support kids. It’s a very good sign and gives you the best chance when both parents, of their own volition, can come to … The mother off this teenager has heaps off( text messages )off me threatening her but I been to( court for that years ago and was put on orders) . I have been off on mat leave for 14 months with her and have had 54 months off work over all 4 pregnancies. "Can fathers get full custody in court or are they automatically at a disadvantage?" If your case isn’t able to settle before going to court, asking a judge to dramatically change the lives of your children in order so that you can get 50/50 custody is extremely unlikely. No need to navigate the legal waters alone, Law for Families is here to help! Hi my husband has recently told me he is going to leave and we cannot agree on custody arrangements.He wants 50/50 but I don’t see why the kids have to live between two homes, moving every three days and not having a stable base.I wouldn’t want to live like that.I offered sun 10 til tues morning school run but he is wanting sun 9am til wed morning school run, half of all holidays and extra time at special times too.It seems so cruel, we have 4 kids and the littlest one is just 3 and very close to me. As his mental health is very bad because of the constant abuse and injust with no hope of it getting better. Even when I work in a day care, he went to work with me. What are his chances of 50/50 residency? I can entirely sympathise with your predicament. In recent years, joint physical custody (also called shared physical custody) has become popular because it allows both parents to have substantial involvement in their child's life. Thus, to obtain 50/50 custody, the parents generally must show they are able to work together and maintain a civil relationship for the sake of their children. Will my ex get 50/50 custody . The child was 11 at the time so in (reality) that was my( last chance off ever seeing her again though the courts) .she is 16 now . My husband and I married in 2008, and began having problems shortly after. In 2008 I started seeing some After drawing up the settlement himself and agreeing to a set amount, he now has his new girlfriend, of 8 weeks, pregnant and is suing for 50/50 custody and cancelation of any child support. She is playing the breast feeding card as to why he can't spend more than 4-7 hours with his daughter. My husband works 4 days a week whilst I work three days.He does 3 out of 10 school runs and I do almost everything around the house, 95% of washing, cleaning, buying and shopping, I sort out all finances, I arrange any workman to come to the house.My husband does half of the cooking, he tidies up, walks the dog and puts the bins out. If your area is one in which 50/50 shared custody is the norm, his wife caring for your child while he works will likely be seen as a reasonable choice. He is very aggressive with me and I am scared of him at times. The idea of a 50/50 custody arrangement was physically unbearable to me. Now my son isnt allowed at his mums and partners home due to these lies that my 6 year old boy is coming out with although i believe there is truth within what he has said. TIP 9: REACH AN AGREEMENT – One of the best things you can do for 50/50 custody is to work out the custody arrangements with the other party. My child's father only filed for 50/50 custody to avoid paying me child support. Full Custody vs. Joint Custody . I felt as if my heart had leapt into my throat, and I got clammy and felt as though I might have a panic attack. I recently split with my partner we have two babies one is 19months one is 2months old. Checklist: Protect Your Child from Effects of Separation, Checklist: the Emotional Stages After Separation, Ex Partners and Parental Alienation Syndrome, How a Separation Can Affect a Child's Self-esteem, Maintain a Bond When Visitation Rights are Infrequent, The Psychological Effect of Separation on Children. He had an internet affair, got laid off at work, we moved and soon after asked me for a divorce. However, in a divorce he would fight tooth and nail for 50/50 custody. I've recently told my ex her maintenece is going down as i pay what the calculator has told me shes due and I have them 3 nights a week and 4 weeks a year for holiday.My ex isnt happy with this and now wants to reduce the time i have with them so the money I currently pay stays the same, where do i stand. I had been home with my kids for the last three and a half years. I watch them all the time. Favorite Answer. Dealing With Your Ex Partner and Child Moving Away, Missing Important Milestones in Your Child's Life, Alternative Dispute Resolution Scheme: Template, Applying for a Residence Order (Custody): Court Procedure, Preparation for Contested Hearings: A Checklist, When Children are Taken into Care: A Guide, How I Felt When My Parents Separated: A Case Study, How I Stay in Touch With My Dad: A Case Study, How Stephen Won His Access Battle: A Case Study, How We Communicate Through Mediation: A Case Study, I Stayed Friends With My Ex: A Case Study, Moving Abroad Without My Kids: A Case Study, Our 'Alternative' Separation: A Case Study, Our Kids' Reaction to Our Separation: A Case Study, The Importance of My Ex in My Child's Life: A Case Study, When Daddy Got a New Girlfriend: A Case Study, After the Court Order: Sample Letters Part 1, After the Court Order: Sample Letters Part 2, Financial Arrangements In Separation: Part 1, Financial Arrangements In Separation: Part 2, Guide to Court 1: 1st Hearing; Court Forms & Statement, Guide to Court 2: Skeleton Argument & Character References, Guide to Court 3: False Allegations, Cafcass & Representing Yourself, Parental Responsibility Guide and Letters, Requesting a PR Agreement: Letter Template, School, Health and Clubs: Letter Templates, Your Ex and Holiday Issues: Letter Templates, A Father's Fight for Contact With His Boys, How My Story Might Make Separated Parents Think, Re: Dealing With Your Ex Partner and Child Moving Away, Re: Child Support Issues: Letter Templates. For the last 2 years we have had a fair and reasonable arrangement where we would meet halfway for pick up and drop off whenever I have the kids. Basically if he just took her to court to get 1-2 nights custody every second week if it would be possible to achieve this given the situation. What the Term “Custody” Really Means. This can mean 50/50, or it can mean 65/35, or anything in between. 50/50 Child Custody Part One: Every 2 Days & 2-2-3. Many states require divorcing couples to attend mediation as part of their divorce action when they have minor children together. A few weeks ago, my ex-husband asked for 50/50 custody. The court may also look at each parent’s lifestyle, financial resources, home environment and moral fitness. Not all parents with legal custody have physical custody, however. He goes back and forth every other week. What can dads increase the odds of them getting 50/50 custody with their soon to be ex-spouse? It’s been a hard few years. He did not care about spending time with her. Money is very important once kids start go school...etc. Law for Families provides all the legal information that you and your family need. Is My Ex-Wife in Breach of The Contact Order? Need some steer as to how to be done with this quick and get 50/50 custody as soon as I can get my own place but she's hinted at child maintenance costs which is useless to talk about until I get back on my feet work-wise. Get it. Hiya I know it’s been a few months but my best advice is to keep all your messages this will be valuable evidence when going to court. Requests for Joint Custody Generally, parents request joint physical and legal custody in their divorce petition, or complaint. Does anyone know of any cases I can look at and use? My ex wife and stepson broke into my house and had a knife at my throat and threatened me. In this time he sees our two children very rarely, (age 9 and 12) going up to six weeks at a time between spending any time with them. Anna Green has been published in the "Journal of Counselor Education and Supervision" and has been featured regularly in "Counseling News and Notes," Keys Weekly newspapers, "Travel Host Magazine" and "Travel South." Just wondering if there anyone who could enlighten me, mybe someone has been or going through similar problems, what chance have i got of winning shared custody????? My wife had other plans. Things are falling into place for him, and he is moving into his own home soon. I stumbled upon this site accidentally and it's been a lifesaver sofar. Physical custody involves caring for a child within the home and meeting his day-to-day needs. Hi, I am taking her to court for this and I want to know if a court can order her to continue to bring them halfway? Yet this is not enough for him and wants to take me to court for more. I'm scared to leave my husband because he says he will take my kids away from me and he would win custody. Hey im a sepatated father of two children boy aged 6 and girl aged 4. How is best to navigate my scenario to get shared custody etc Any good advise is welcome. My husband and I are separated. Share Your Story, Join the Discussion or Seek Advice... By: Lorna Elliott LLB (hons), Barrister - Updated: 26 Dec 2020, Ensuring Your Children Are Cared for if You Die, Unsupervised Contact: Taking Along Family Members, When Ex Changes Locks on Jointly Owned Property, A Separated Dad's Story of How He Got Residency Rights. Can a father get 50/50 custody of a newborn? And unfortunately in my state, Texas, the laws were very much on the mother’s side in 80% of all divorces. How Do I Ensure CSA Money is Spent on My Child? @cindy.i believe once you separate the bio father should never bother the mother about access to the child not even legally. Hi I have recently had a baby, throughout my pregnancy I had little or no support grpm my daughters father or his family because he insisted on a dna year. Some advice on what I need to do will be much appreciated :(. I get my kids 50 percent of the time, the rest of the time they are with their dad. The first 4 months of my pregnancy he pressured me to abort, but now he wants half custody. and he is wanting to get a divorce he says, he says he will want 50/50 custody, so he doesn't have to pay any child support. I have briefly touch on this topic in a previous blog article, “10 Myths About Divorce in Texas, Part One.” In today’s blog article, I will go into a little bit more detail about how the family code addresses this issue. @amelia. It's important to remember that custody is not an “all or nothing” concept. I am open to visitation every other weekend, once during the week, and alternating holidays. What Goes into the Cafcass Family Report? I know he will not provide the love, compassion, and care needed to ensure she grows into a strong and well adjusted individual. When assessing the best interest of the child, the court will look at a number of factors, including the age of the child, child’s relationships with each parent and parents' ability to meet the child’s day-to-day needs. My husband work nights and go to bed between 12:00 and 1:00 p.m. and work from 10:00pm to 7:30 a.m. Hi, my partner has a 14 month old daughter. It's probably best to walk away for he's (mental health ) .i did the (same thing) I needed to put myself first .its the best thing to do in bad break ups where there is (tension or bad blood) .in situations like that and mine there is no ponit of going to court to get the every second weekend .because just won't work gods truth i would end up fighting with her (mother and partner) then be in handcuffs daughter be crying torn between to parents . Courts usually prefer that kids be with a parent rather than in daycare. Need some steer as to how to be done with this quick and get 50/50 custody as soon as I can get my own place but she's hinted at child maintenance costs which is useless to talk about until I get back on my feet work-wise. I have asked him for a regular arrangement and notice so I can make plans but I get … My children are … My ex also wanted 50/50 on the exact same arrangement that your ex is asking for. Could he get full custody because I work so many hours? One question we’re frequently asked by our divorcing clients is whether the client can get joint physical custody with their child, on an exact 50/50 split. Unfortunately and like many others in the country, I lost my job due to covid in May and whilst I was trying to deal with this, my wife told me just over a month ago that she wanted to split up which was even made harder by my emotional state from not being in work. 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