60/40 Child Custody
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In the eyes of the courts... does the 40%-60% child custody go by hours with the child or by nights?
Currently we have 3 nights per week with SD, but I've heard conflicting stories and of course BM has said in the past that it goes by hours.
I'm sure this varies depending on where you live... I am in Canada.
I never heard of custody
I never heard of custody breaking down to hours.
Overnights yes but hours, no.
Go for 50 50 it is becoming more common.
If they have 40/60 and are
If they have 40/60 and are trying to go by hours who would have "custody" when the child was at school or daycare? Yeah, That just doesn't make sense.
It depends on your states
It depends on your states visitation formula. Ours was based on days as indicated by nights stayed though when smacking our blended family opposition with clarity the Judge revised the CO to state both days and hours as well as clarifying that travel in both directions occurred on their visitation time just to minimize their opportunity to manipulate.
Here is our CO for reference. A small clarification... they were never married. DW was a statutory rape victim. She was 16 when SS was born and DickHead was 23
IN THE CIRCUIT COURT OF THE STATE OF (SPERMLAND)
FOR XXXX COUNTY
In the matter of the marriage of: Case No. F-xxxx
STATE OF (SPERMLAND), Ex Rel ORDER ON RESPONDENTS MOTION
TO MODIFY THE STIPULATED JUDGEMENT OF PATERNITY
MY DW
Petitioner,
Vs.
DICKHEAD,
Respondent
This matter having come before the Court upon Respondents’ Motion for Order to Show Cause for Modification of Stipulated Order of Paternity and Counter-Motions for Modification on the 3rd day of August, 1994; the Court having heard testimony of the parties, having reviewed the evidence and the file herein;
IT IS HEREBY ORDERED:
1. That at all times in which the petitioner and respondent live within 200miles of each other, respondent shall have visitation with his minor son, XYZ, date of birth XX/XX/XXX, pursuant to XXXX County Supplemental Rule 8.085.
2. That at all times which petitioner and respondent live more than 200 miles from each other, respondent will have visitation with his minor son, XYZ, as follows:
a. During 1994, respondent shall have visitation from September 25 through October 8 and from December 11 though December 22.
b. Beginning in 1995 and continuing through the summer of 1998, respondent will have visitation as follows:
(1) Two weeks in March.
(2) Four weeks in the summer. After two weeks of respondents visitation has passed, petitioner shall be entitled to up to ten days of visitation in the area where the respondent is residing. Respondent's four week visitation will be extended by the number of days which the petitioner has the child in the middle of the respondents four week summer visitation. For example, if after the respondent has had two weeks of summer visitation, petitioner visits with her son in the respondent’s area for six days, then after the child is returned to the respondent, he shall have two weeks remaining visitation. Respondents’ summer visitation shall not include the minor child's birthday on consecutive years.
(3) Two weeks in September or October
(4) December 11 through December 22.
(5) For seven days of respondents choosing, provided the seven days visitation is not within two weeks of any other visitation, and that the seven day visitation takes place in the child's area of residence.
c. For the period beginning on the date school starts in 1998 and continuing there after as follows:
(1) A five day weekend visit in September or October after September 15th in the area where the child resides so that the child may attend school during the day.
(2) On even numbered years, winter visitation beginning on the day school gets out until December 24; and on odd numbered years beginning on December 26, until the day before school starts.
(3) Every spring vacation pursuant to XXXX County Supplemental Rule 8.085.
(4) Five weeks in the summer; after two weeks of respondents summer visitation has passed, petitioner will have up to ten days of visitation in the area in which respondent is residing. Respondent’s five week summer visitation will be extended by the number of days which petitioner has the child in the middle respondent’s five-week summer visitation. Respondent’s summer visitation shall not include the child’s birthday on consecutive years.
d. Respondent shall inform petitioner in writing at least 60 days prior to any visitation he intends to exercise. The notice shall include the dates he intends to exercise visitation. Petitioner shall respond in writing to respondent within 15 days of receipt of notice as to whether or not she will exercise visitation in the middle of the respondent’s visitation, including the dates and number of days the intends to have the minor child.
e. Times for beginning and ending visits shall be flexible to accommodate transportation arrangements. Visits shall end after an amount of time less than or equal to the period provided in this order. Thus, for example, a visit from September 25 through October 8 is a visit for two weeks, and petitioner shall be entitled to the return of the child after 336 hours (24x14) has passed since the petitioner released the child to the care of the respondent. Said differently, petitioner shall be entitled to return of the child on the final day of the visit, at or before the time at which she released the child to the respondent’s care on the first day of the visitation.
3. The cost of transportation for all visitations shall be handled by the parties as follows: Each party shall be responsible to provide transportation to bring the minor child from the child’s location to the party’s location. For example, Mr. DickHead shall arrange and be responsible for the child’s transportation to Mr. Dickhead’s residence for visitations. Petitioner shall arrange and be responsible to provide transportation back to her residence. This may include any acceptable transportation including transportation by grandparents. Each party shall cooperate in making travel arrangements for the child’s return, including driving the child to the airport, if necessary.
4. Respondent shall pay petitioner $132.00 per month for child support commencing on the 10th day of August, 1994.
5. Each party shall be responsible for one half of unreimbursed medical, dental, optical, and orthodontic expenses incurred on behalf of the minor child.
6. Both parties shall provide the other with their current address and telephone numbers.
Dated this _____ day of October, 1994
JUDGE ____________________