Changing parenting schedule to 50/50

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Changing parenting schedule to 50/50

Unread postby Cabledad » Sat Nov 11, 2017 7:31 pm

I live in Florida And I filed for divorce on July 3 of this year. When I originally filed I had put to see my daughter who is 2 every other weekends and alternating weekends. She has made it very difficult to see my daughter and I haven't seen her for like 8 month now. I went to court to file for a emergency motion to see if the court will force her to let me see my daughter but the court told me there hasn't been a final judgment and they can't do nothing about it. So my mother retired on October and now I talked to her to see if i change the custody to 50/50 if she will help me take care of my daughter while I am at work and she said yes. So not to make it any longer can I got back to the court and change my parenting plan to 50/50 instead of every other weekend? The case hasn't even reach mediation yet. Mind you her lawyer submitted my soon to be ex wife answer to the court and told the court that she even disagree on every other weekend that she will come up with her own scheadule. I have a steady job that I have been there for 6 years now, I have a 4 bedroom home, I have two other kids that I see every other weekend, I don't do drugs, I don't have a alcohol problem, I have a clean criminal record meaning thanks to god I haven't gotten into any trouble.
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Re: Changing parenting schedule to 50/50

Unread postby massdad1234 » Sat Nov 11, 2017 7:50 pm

where does the child live and where do you live?
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Re: Changing parenting schedule to 50/50

Unread postby Cabledad » Sun Nov 12, 2017 10:36 pm

We both live in the same city. We live like 10 to 15 min away from each other
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Re: Changing parenting schedule to 50/50

Unread postby Fatheroffour » Sun Nov 12, 2017 11:20 pm

For future reference, you don't get as many responses when you bury the question in the middle.
So not to make it any longer can I got back to the court and change my parenting plan to 50/50 instead of every other weekend?


You can try.

It doesn't look like you have a solid change in circumstances but you never know. You should at least try.
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Re: Changing parenting schedule to 50/50

Unread postby FlyGuySLO » Mon Nov 13, 2017 12:57 am

CableDad,

The court's response has given you your answer: Since you have not even reached the point of mediation, let alone litigation, you must insist that any global settlement has 50/50 custody in it or you will not agree to it. In short, that means without 50/50, you will agree to nothing and you will seek resolution of all matters pertaining to your divorce via the State Courts. This will scare the other side.

I did this and got it because my ex realized that even though she felt she had some ammo against me, I said "Well, let's see if a judge agrees". It was incredibly stressful and difficult but it was my only choice because I loved my kid and wanted to be a present parent.

You are going to need to stand up and fight, and it sounds like your stbx will push back and go ballistic when you insist on this. However, it is your right to be a parent and it is clearly in the best interest of your child to have both parents equally in her life.

Talk to your lawyer and say you need to make 50/50 priority number one. Here in CA, you would file an RFO (Request For Order) in which you would seek temporary custody orders of 50/50 and, if you can prove it via documentation and evidence, state that your stbx is actively blocking access to your child.

It will be her burden to prove why it is not in your child's best interest to not have equal time with both parents.

Stay strong and consult us here for help on how to move forward if you feel the need. Many here have been through this and worse. As I said, it was the most stressful and difficult thing I've ever been through.

Good luck.
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Re: Changing parenting schedule to 50/50

Unread postby massdad1234 » Tue Nov 14, 2017 9:10 am

What has been signed off on by a judge? Why and who moved out? If the mother allowed, could you have the child 50/50 per month?

This is why you need to reside in the marital home, she has no legal rights barring a judges order to keep you to every other weekend dad. If you have allowed that to continue, it's almost been six months, you might have given her status quo on a platter.
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Re: Changing parenting schedule to 50/50

Unread postby Tom Kirkpatrick » Wed Nov 15, 2017 12:08 am

Hasn't anyone told you Florida is a 50/50 state?? Where's your attorney on this??

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