So my buddy is going through a tough time with custody stuff after he and his wife separated. He moved into his own place in the same city, but the wife is totally refusing to let him have overnights or 50/50 custody, saying it would disrupt the kids’ lives. He managed to get one overnight every weekend along with some half days on Saturday and Sunday, plus one weeknight evening. Now that they’re in the divorce process, his lawyer is saying he probably won’t get 50/50 custody because he hasn’t had it up to this point. I’m wondering if that makes sense… anyone have any thoughts on this?
Yeah, I think the lawyer is kinda right about that. Since he waited so long to take it to court, it could hurt him. 10 months is a long time, especially depending on the kids’ ages. But that doesn’t mean he can’t push for 50/50. He should gather evidence of how she’s been restricting his access to the kids. If he shows he’s been trying to get more time, it could help his case. He might want to propose a gradual increase in time with the kids so it looks reasonable to the court.
@Speaker7
Thanks for the advice! I’ll pass it along to him, sounds like a solid plan.
How long has this schedule been in place? If he’s been doing this limited schedule for like six months, that might establish a status quo that’s hard to change.
Quinn said:
How long has this schedule been in place? If he’s been doing this limited schedule for like six months, that might establish a status quo that’s hard to change.
It started in March, but he’s been actively trying to get more time and the mother keeps saying no. There’s no history of abuse or anything, she just doesn’t want to share.
He should probably get a second opinion from another lawyer. If the current one isn’t pushing hard enough, it might be time to look elsewhere.
Ann said:
He should probably get a second opinion from another lawyer. If the current one isn’t pushing hard enough, it might be time to look elsewhere.
Yeah, I think that could be a good idea. He needs someone who’s ready to fight for him.
The lawyer probably knows how things work locally, but 50/50 is becoming more common. He should definitely ask what the lawyer is basing their advice on. Also, how old are the kids?
Eli said:
The lawyer probably knows how things work locally, but 50/50 is becoming more common. He should definitely ask what the lawyer is basing their advice on. Also, how old are the kids?
The kids are between 5 and 12. They live in the same city and school district, so it seems like there shouldn’t be that much of a problem.
Just a heads up, under Missouri’s new custody law, 50/50 parenting time is now like the default arrangement for separating parents. This law presumes that it’s in the kids’ best interests. Judges will consider things like how the kids relate to each parent, the parents’ ability to work together, and the kids’ adjustment to their home and school life. So if he can show he’s been involved and is fighting for more time, it could work in his favor.
@Mia
That’s really good to know! I’ll make sure he hears about that. Sounds like he has a fighting chance.