I am a 48 year old stay at home father. My son is seven. I work from home in CA. My ex moved out in Sept 2007. She moved close by. She has a 12 year old son from her previous marriage. We both have attorneys as we move forward with our divorce. Unfortunately it seems to be taking longer than I would like
Her 12 year old son stays with her 5 nights a week. When she moved out, we talked extensively about it and agreed to 50/50 physical/legal custody of our son. We also agreed that in the interim time, our son could stay with her 5 nights a week so he could stay overnight with his brother and get used to the new home. Starting 6 months ago and to date I have asked that we honor our original 50/50 agreement. Our son seemed to be happy and adjusted to the two home situation.
Her response has been that there technically was no "original" agreement and what was currently in place was the agreement since the original never took place. She is asking for this in the divorce, to remain as a 80/20 custody split. Her main reason is that she thinks it important that our son spend time with his half brother I have filed an order ahead of the divorce mediation to have the judge hear my wanting 50/50 custody
Has a precedence been set not in my favor by having our son stay with her 5 nights out of 7? Is this going to hurt me?
My thought is that I should not have to carry the burden of not seeing my son half the time because she happens to have a child from a previous marriage. I also am the stay at home Dad taking care of the usual appointments, practices and school activities for both boys. I technically interact with both of them time wise more than she does. I have heard though that the courts look or count days as where he sleeps over night. Thanks for any insight
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Her 12 year old son stays with her 5 nights a week. When she moved out, we talked extensively about it and agreed to 50/50 physical/legal custody of our son. We also agreed that in the interim time, our son could stay with her 5 nights a week so he could stay overnight with his brother and get used to the new home. Starting 6 months ago and to date I have asked that we honor our original 50/50 agreement. Our son seemed to be happy and adjusted to the two home situation.
Her response has been that there technically was no "original" agreement and what was currently in place was the agreement since the original never took place. She is asking for this in the divorce, to remain as a 80/20 custody split. Her main reason is that she thinks it important that our son spend time with his half brother I have filed an order ahead of the divorce mediation to have the judge hear my wanting 50/50 custody
Has a precedence been set not in my favor by having our son stay with her 5 nights out of 7? Is this going to hurt me?
My thought is that I should not have to carry the burden of not seeing my son half the time because she happens to have a child from a previous marriage. I also am the stay at home Dad taking care of the usual appointments, practices and school activities for both boys. I technically interact with both of them time wise more than she does. I have heard though that the courts look or count days as where he sleeps over night. Thanks for any insight
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