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How will I affect custody??

Started by blm, Oct 24, 2011, 07:47:40 AM

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ocean

How did it go from him having them all the time to her moving close and getting 4 nights a week? Is she using dad's work schedule as a reason to be with her over you?

tigger

Yeah her 4 nights a week are more than his 3 nights.  She has primary custody by default.
The wonderful thing about tiggers is I'm the only one!

blm

Quote from: ocean on Oct 25, 2011, 02:59:20 PM
How did it go from him having them all the time to her moving close and getting 4 nights a week? Is she using dad's work schedule as a reason to be with her over you?
There was no "custody agreement" prior to her moving back and the judge ordering the temporary order. It was supposed to be 50/50 but somehow the CO was drawn up by HER lawyer and that's how the Sunday-Wednesday/Wednesday-Sunday started. Is something fishy here? I had no idea someone could get Primary by default?!

ocean

Well, many times what is put as the temp order survives into the perm order. You now need to prove that this schedule is not working and why (with proof). Is there a GAL involved for the child? Also, you can ask that a line be added to agreement that states "mother is not allowed to move children out of home school district without father's written permission". Then give these orders to the school district.

Really think you need a GAL or a custody evaluation so someone is looking at the whole background, look at emails, and talk to the kids about what is going on. A GAL is a lawyer for the kids.

If work schedules are an issue, a judge will usually give a bio parent time over a step-parent.

If she has more NIGHTS then she would be considered primary parent. Courts count nights, not really days.

Spaceman1982

In Nevada, which adapts mostly from Cali law, they go by majority of the day (12 hours)