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Fiancée wants to take his ex back to court

Nuttmegg32's picture
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My fiancee had 50/50 custody with his ex until his 5 year old started school this year now he only has her every 10 days for 5 days. In the summer this will change and he will have her for 10 days and the mother 5 days. His daughter has been telling him she wants to live with him but has told me that she wishes the 3 of us would live together (BM, BF and me). He wants to take his ex back to court in the summer because he thinks he will get 50/50 cusody back (I guess a law was recently passed in PA) and get his daughter to go to school in our SD. I hate to say anything but I think he would just be wasting time and money for the judge to tell him that it won't happen. I could be wrong but I don't think the judge would listen to his daugher because she is only 5. I have heard of other children being granted this. My fiancee was 7 when he told his dad he wanted to live with him and the judge honored it. Does anyone have any advice for me?

overit2's picture

Whats his incentive for 50/50, more time, receive child support? not pay child support? get to the bottom of that first.

Nuttmegg32's picture

Incentive is to get back what he lost...more time. Yes paying less $ would be nice but that is not his incentive. He just wants the time he lost and he had it in his mind that she would go to school in our SD b4 she started going to school in BM school SD.

Willow2010's picture

I could be wrong but I don't think the judge would listen to his daugher because she is only 5.
++++++++++++++++++++
This drives me NUTS!! Unless there is some awful abuse going on, why would you put a 5 year old in the position of picking one parent over the other and going in front of a judge to do it. arrgggg

aggravated1's picture

I have never heard of a Judge taking a a child that is so young preferences into consideration, anyway.

sade777's picture

10 days, 5 days seems like an odd schedule. She is only five and it would seem need more consistent contact with the parent that is going 10 days without her. (or maybe he just gets her 5 days out of 15) Either way, how about other schedules?
This one works well with younger kids.

Mon/Tuesday Mom
Wed/Thursday Dad
Fri/Sat/Sun Alternate between Mom and Dad.

This schedule is often refered to as 5/2/2 schedule. Each parent gets 2 days during the week and then 5 days straight. It works out 50/50.

Nuttmegg32's picture

Yes this is the schedule similar to what they had before but after Kg started the judge switched it to the current schedule where he only has her 5 days and then BM gets her 10 days. The schedule will be flip flopped in the summer.

happymostly's picture

how far away do you guys live from the child? it must not be that far to where you cant get her to school for some of the 5 days you guys have her(if she is in kindergarten). I think it would be more in his favor to try and maybe get week on/week off custody, or like what sade said, 5/2/2 schedule...