What is the name of your state (only U.S. law)? Illinois
My step-daughter's mother is going around telling people that she wants to file for custody of SD first so that she has the upper hand and she knows she will get whatever she wants.
My stepdaughter's mom and my husband have been going through mediation. He knows its not a legal document but the plan was to figure out the details and then submitted to court document.
Right now they literally have 50/50 days of the month. (ok with the expection of one day when the month has 31 days). Since there is no actual court order, the set up and agree on a schedule per month. For April they each have 15 overnights and its pretty much been like this since she was 1 year old. She is now 3. Her mom has her Friday-Monday/Tuesday and my husband has her Tuesday/Wednesday-Friday. He also gets one weekend out of the month
Now she wants to try to have SD all week allowing my husband a dinner with her but still going to her home for sleep. And giving him every other weekend. That would give him maybe 4 over nights a month. He is in the military and one weekend a month he as to drill. Her mother doesnt work on the weekends and she specifically requested to have her weekends when they first started Mediation.
I have several questions
1. Is it true that the person who files first has the upper hand and will get whatever they want?
2. What advice do you give.
One last thing I want to add. I know I am a legal stranger to this so I am sincerely just trying to help my husband. If I posted something that appears to be a "we" and I didnt catch it, my apologies. Thank you for your time and help.
My step-daughter's mother is going around telling people that she wants to file for custody of SD first so that she has the upper hand and she knows she will get whatever she wants.
My stepdaughter's mom and my husband have been going through mediation. He knows its not a legal document but the plan was to figure out the details and then submitted to court document.
Right now they literally have 50/50 days of the month. (ok with the expection of one day when the month has 31 days). Since there is no actual court order, the set up and agree on a schedule per month. For April they each have 15 overnights and its pretty much been like this since she was 1 year old. She is now 3. Her mom has her Friday-Monday/Tuesday and my husband has her Tuesday/Wednesday-Friday. He also gets one weekend out of the month
Now she wants to try to have SD all week allowing my husband a dinner with her but still going to her home for sleep. And giving him every other weekend. That would give him maybe 4 over nights a month. He is in the military and one weekend a month he as to drill. Her mother doesnt work on the weekends and she specifically requested to have her weekends when they first started Mediation.
I have several questions
1. Is it true that the person who files first has the upper hand and will get whatever they want?
2. What advice do you give.
One last thing I want to add. I know I am a legal stranger to this so I am sincerely just trying to help my husband. If I posted something that appears to be a "we" and I didnt catch it, my apologies. Thank you for your time and help.