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Custody Issues / Interpetation, huh?
« on: Jun 14, 2004, 12:36:50 PM »
Current parenting plan reads, "children shall spend an equal number of days with each parent during the winter, spring and summer breaks from school"

Ex now claiming that days = days  NOT overnights !!

Isn't this standard "language" for defining how to do equal split of time during summer/school breaks for parents with joint custody?

Custody Issues / 50/50 Parenting Plan??
« on: May 27, 2004, 10:58:14 PM »
I have requested the court to modify existing parenting plan to 50/50 with kids to have equal time with both parents. San Diego court will be hearing our case June 15.  Last FCS was 2 yrs ago when boys were 2 and 4.

1. Ex wife and I live in San Diego, homes are 5 blocks apart, about a 5 min. walk or 2 minute drive. We are both 5 minutes from pre-school, kindergarten, doctors, everything else in our sons' "world".

2. We have two sons, ages 4 and 6 yrs., joint custody legal and physical custody with Mom at 70% and I am at 30%.

3. Both of us are very loving, caring, responsible parents with a good co-parenting relationship. There are no real "negatives" that could be attached to our parenting capabilities or character.

4. I have made significant sacrifices, personally and financially so that I could maximize my time with our sons. I have rejected career opportunities that would double my income because it would require extensive business travel or relocation.

5. I have detailed visitation logs to support my heavy involvement with my sons, including doctor appointments, volunteering at school, taking to/from school, speech therapy, attending t-ball games, swim lessons, etc. Logs demonstrate I have upheld my 30% visitation.

6. Both sons are very well adjusted, happy, healthy with close bonds to both parents.

7. Mother and I both travel on business but have always had the flexibility to work it around when we don't have the boys. 1-2 days/week on average is our business travel (each).

8. My atty advised me to request a parenting plan that has Mother with the boys Monday/Tuesday, I would have them Wed/Thursday and we would alternate every w/e (Fri-Sunday) for a 50/50 split. Atty mentioned that this schedule is what the court has been recommending when granting 50/50 custody

9. My work could accomodate the above plan but also can accomodate a "week on/week off" if that is what the court prefers. I have read that in the case of small children courts typically do not like the kids going an entire week without seeing the other parent.

10. San Diego Courts assign an FCS mediator that interviews both parents for about 20 minutes each, then prepares a recommendation for the judge. The judge almost always rubber stamps the recommendation.

11. These are the pertinent facts, I would be interested in hearing your take on what my chances are for getting the 50/50....and if not 50/50 what the outcome is most likely to be. Also anything specific I should provide the mediator (in addition to the detailed logs) that would help.

Custody Issues / 50/50 Visitation/Custody??
« on: May 18, 2004, 02:53:58 PM »
I have turned my world upside down to be there for my two sons who are 6 and 4.  My ex-wife works and has periodic biz travel, we are currently at 70 (her)/30 visitation/joint custody after I went back to court to get increased from 15/85 which was initially given at time of divorce (boys were only 6  mon. and 2 yrs. at that time)

Now going back with detailed visitation logs again requesting 50/50 and first right of refusal (she employs a 40 hr/wk babysitter instead of sending the 4 yr. old full time to pre-school).  My request is that the judge require the 4 yr. old son to be in pre-school 4-5 days/week as a preference to a 21 yr. old babysitter hanging with him 8 hours/day while "Mommy works upstairs".  She wont' do it since she would lose her "housekeeper/staff/babysitter".

Given my track record of upholding the 30% (and then some) visitation along with detailed logs of never missing a doctor's appt in 4 yrs., volunteering at my son's school, taking a 50% reduction in income to avoid biz travel, etc,. etc.  what do you think my chances are of getting equal time with my sons?  California law requires max time with both parents...if both are truly loving, responsible parents (we both are)...but I've heard this is very difficult to achieve without both parents' agreement.  Thanks in advance of your thoughts from those that have had similar experiences......

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