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50/50 - what do you think my chances are?

Momma1987TC's picture
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BM is sooo gonna fight this!! And it isn't the norm here, so im really having to make small steps to it.

So let me start from the top, might be a little lengthy sry. DH left his ex when is daughter was 1. TX Family code stated that the father couldn't keep the kid over night until the child was 3 (unless the mother agreed, which she did not. she is a spiteful, hateful, heifer). CS was set at $679/month. He was only allowed to see his daughter a total of 24 hrs/ month and no over nights until she was 3. After she turned 3 it switched to standard possession. 1st, 3rd, & 5th weekends starting on Friday and ending on sunday. Shortly after SD turned 4, BM took DH to mediation for more CS (she can do that every 3 years)She wanted CS based on his overtime, which can happen if it is consistent overtime. Well for 2 of the 3 years it was pretty consistent, but it wasn't guaranteed and he didn't get any from Jan- June last year. June was when the mediation was set. And overtime was optional, so he didn't take any after June either. Also I learned from a friends divorce about extended weekend visitation where on the 1st, 3rd, & 5th weekend the father can pick up the child on Thursday from school and keep her til Monday morning. He is required to take and pick up the kid from school on Friday as well but that adds 2 extra days to every weekend! So DH refused to accept what she wanted for CS in mediation ($860/month) and we took her to court for extended visitation. In court in December we were granted a progressive step toward it. Now we get to pick her up from school on Friday and take her to school on Monday on the 1st, 3rd, & 5th weekend. And starting in January next year we will start picking her up on Thursdays with the full extended visitation. And CS since he got no overtime last year was only set to ($785)

So, Anyway back to my original question.... She can take us back for more CS in 3 years. That gives us 3 years experience of showing we can be reliable picking her up and taking her to school. Also in 3 years my son will be old enough to start prek and I don't want 2 kids going to separate schools. At the moment we live about 20 miles away in a bigger city, but our plan is in 3 years to move to the same town (which is a small town with only 1 school). Although this community isn't pro to the 50/50 custody, I don't really see how a judge could not agree to it when both parents live in the same small town, the child wouldn't have to change schools, Most likely we wouldn't be living but a few streets over from BM, and we would already have 3 years of reliable history showing involvement with school, friends, and extra-curricular activities.

BM fought really hard to keep DH from getting extended visitation meaning any extra time with SD. She doesn't want DH to have a relationship at all with SD. DH is always willing to work with her on changing times and what not to show that he is able to co-parent with her, but BM is never willing to work with him. I hope this doesn't hurt our chances of getting SD more just because BM isn't willing to share.

Stepmomwhopaysallthebills's picture

While I have read and heard that more judges are leaning toward 50/50 parenting, that has not been my personal experience.

In fact, my former husband asked the court to amend his visitation schedule for our daughter to make it 50/50 and the judge denied his petition. At the hearing (in 2012), the judge said he would only allow a 50/50 split if both parents wanted it and they could show him that the transition from one parent to the next would be virtually seamless.

I live in Florida.