What are my chances??Need Help

[ssusanj1116]

What is the name of your state? Missouri.

Ok so long story as short as possible. Dad and Myself seperated one year ago when I was 3 months pregnant due to dad got violent with mom. Daughter born in november. Dad was not involved with daughter at all till daughter was 6 months old. Dad does come around now and see daughter but only 1 maybe on a good week 2 times a week for a couple of hours a day. Mom filed for support in novenmber when daughter was born but in april dad had lawyer file for hearing only to delay support cause he doesn't want to pay what was calculated. That was straight from dad's mouth and not a exargeration from Mom. Mom willing to give dad wednesday evenings, every other weekend, split holidays, and two additional weeks in the summer. Mom does not think joint legal or physical custody is in the best interest of child due to lack of communication between both parents, the past abuse, and the unwillingness to comprimise between the two parents. Both parents live in same state about 20 miles from each other. Dad will be losing his job in 2 weeks. so here are my questions.

What is the likely hood dad will get joint legal or physical custody?

If dad loses job before support order is entered due to delay of hearing will the calculation be based on him not having a job even though he's being fired? (by fired I do not mean a lay off I mean they gave everyone in his current position the same goals to meet and gave him 90 days to meet these goals and he did not meet them) Or will the calculation be based on an inputed income since he has been at this job for the last 2 years now?

Is is likely that if parent can't agree a judge will order 50/50 equal split on an infant?

 

[Ohiogal]

What is the name of your state? Missouri.

What is the likely hood dad will get joint legal or physical custody?

Based on what you have said -- pretty good.

If dad loses job before support order is entered due to delay of hearing will the calculation be based on him not having a job even though he's being fired? (by fired I do not mean a lay off I mean they gave everyone in his current position the same goals to meet and gave him 90 days to meet these goals and he did not meet them) Or will the calculation be based on an inputed income since he has been at this job for the last 2 years now?

If he can prove the job loss is NOT his fault it will be based on his current circumstances. Though it could be based on an imputed income if his job loss is considered voluntary. However he has been there for two years but everyone has only been given 90 days? Sounds like they changed the requirements for the job and that may be taken as a involuntary job loss.

Is is likely that if parent can't agree a judge will order 50/50 equal split on an infant?[/QUOTE]

 

[LdiJ]

What is the name of your state? Missouri.

Ok so long story as short as possible. Dad and Myself seperated one year ago when I was 3 months pregnant due to dad got violent with mom. Daughter born in november. Dad was not involved with daughter at all till daughter was 6 months old. Dad does come around now and see daughter but only 1 maybe on a good week 2 times a week for a couple of hours a day. Mom filed for support in novenmber when daughter was born but in april dad had lawyer file for hearing only to delay support cause he doesn't want to pay what was calculated. That was straight from dad's mouth and not a exargeration from Mom. Mom willing to give dad wednesday evenings, every other weekend, split holidays, and two additional weeks in the summer. Mom does not think joint legal or physical custody is in the best interest of child due to lack of communication between both parents, the past abuse, and the unwillingness to comprimise between the two parents. Both parents live in same state about 20 miles from each other. Dad will be losing his job in 2 weeks. so here are my questions.

What is the likely hood dad will get joint legal or physical custody?

If dad loses job before support order is entered due to delay of hearing will the calculation be based on him not having a job even though he's being fired? (by fired I do not mean a lay off I mean they gave everyone in his current position the same goals to meet and gave him 90 days to meet these goals and he did not meet them) Or will the calculation be based on an inputed income since he has been at this job for the last 2 years now?

Is is likely that if parent can't agree a judge will order 50/50 equal split on an infant?

Its virtually guaranteed that dad will get joint legal custody (joint decision making). That is very much the norm these days.

Joint physical custody is less likely but not at all outside of the realm of possibility.

Based on your specific facts, 50/50 physical custody would not be very likely at this time. However, depending on how involved dad becomes as a parent, its not outside the realm of possibility in the future.

 

[ssusanj1116]

If he can prove the job loss is NOT his fault it will be based on his current circumstances. Though it could be based on an imputed income if his job loss is considered voluntary. However he has been there for two years but everyone has only been given 90 days? Sounds like they changed the requirements for the job and that may be taken as a involuntary job loss.

[/QUOTE]

He has been at job 2 years and the expectations of the company have always been the same. He has not been meeting the expectations as of the last 6 months and the company is enforcing the policy that has been in effect these two years forcing everyone to either meet their goals or lose there jobs. but before they will let you go they try to give you the oppertunity to prove you can do the job. I was actualy in the same situation in my department i have been at this same company for 3 years now and at the end of last year I was not meeting my goals. I was supposed to be put on what's called a "action plan" like the stbx is currently on. The action plan is decisoned to help motivate you to get your stats up and meet your goals or be terminated. When on an action plan you have 90 days to show improvement before being terminated. My stbx has not shown any improvement so that is why they are terminating him. The only reason I was not put on one was because they took into consideration that I had a rough pregnancy and was out of work 5 months of last year. Since I have been back my stats have improved greatly and I am meeting 5 out of 7 stats or goals. They have told me as long as I keep my stats up like they are now they will not put me on one of these actions plans. My stbx has 10 stats in his department they are supposed to meet and he is just barely meeting 2 of them. If he were to get fired because he is not meeting the company goals would this be considered voluntary.

 

[Ohiogal]

It may or may not. Depends on what the stats are. You weren't meeting your stats either. Nor are you meeting them all currently. Why not? Why can't you meet all of them? Is it something within his control or outside of his control?

 

[ssusanj1116]

It may or may not. Depends on what the stats are. You weren't meeting your stats either. Nor are you meeting them all currently. Why not? Why can't you meet all of them? Is it something within his control or outside of his control?

Honestly, Why I'm not meeting every single one of my stat's is because I don't apply myself. If i did my job the way I was suppose I believe I would be meeting all of my stats.

If anyone knows anything about a call center type environment the stats include things such as Average Handle Time. This is the average amount of time you should be on a call overall. Close rate, which is the amount of sales you make per calls taken, Complience which is how well you adhere to your schedule and basically if your taking your breaks on time. Stuff like that.

I do believe the stats are obtainable because there are plenty of people there who are meeting all of there stat's.

With our company even if you don't meet all of them they are ok with this. They just want to see you trying. And as I stated out of 10 stats he has to meet he is currently just barely meeting 2 of them.

This is why i was wondering how they would look at him being fired for this situation. Also I believe my state is an at will to work state, so they don't have to provide a reason for termination. But that is the reason he is set to be terminated. I know our company does not give out references. they will only state what your dates of employment were and your salary with approval

 

[Ohiogal]

The point being there is an argument that his firing is not a voluntary unemployment. He is not quitting.