50/50 Physical Custody Split

[my bear]

What is the name of your state? CALIFORNIA

MY EX AND I HAVE A FOUR AND A HALF YEAR OLD DAUGHTER TOGETHER. FROM THE TIME THAT OUR DAUGHTER WAS BORN UNTIL SHE WAS THREE YEARS OLD, HE VERY RARELY IF EVER VISISTED OUR DAUGHTER. SHE DID NOT EVER VISIT HIM ALONE OR STAY THE NIGHT AT HIS HOUSE. FROM THE AGE OF THREE UNTIL SHE WAS FOUR, HE DID NOT HAVE ANY CONTACT WITH OUR DAUGHTER. ALSO, DURING THIS FOUR YEAR PERIOD HE NEVER PAID ANY CHILD SUPPORT. AFTER I TOOK HIM TO COURT TO ESTABLISH PATERNITY (HE KNEW HE WAS THE FATHER, BUT DID NOT WANT TO PAY CHILD SUPPORT), WE AGREED TO A CHILD CUSTODY AND CHILD SUPPORT ARRANGEMENT OUTSIDE OF THE COURT. HOWEVER, WE NEVER FILED IT WITH THE COURT. IT IS SIGNED AND NOTARIZED. MY DAUGHTERS FATHER HAS FAILED TO ABIDE BY THIS AGREEMENT. MOST OF THE TIME HE CANNOT TAKE HER OR HAS TO DROP HER OFF EARLY BECAUSE HE HAS TO WORK. HE IS ALSO NOT PAYING HIS CHILD SUPPORT WHICH IS TWO THIRDS LESS THEN THE GUIDELINE AMOUNTS. WHEN I ATTEMPTED TO TAKE THE AGREEMENTS TO THE COURT TO GET THEM FILED, I WAS INFORMED THAT HE AND I BOTH NEED TO STIPULATE TO THE ORIGINAL AGREEMENT. HOWEVER, HE DOES NOT WANT TO BECAUSE HE KNOWS HE WILL HAVE TO THEN PAY GUIDELINE CHILD SUPPORT. SO, NOW HE WANT 50/50 PHYSICAL CUSTODY. I AM OPEN TO A NEW PARENTING PLAN WHERE HE GETS MORE TIME WITH OUR DAUGHTER. HOWEVER, I AM OPPOSED TO 50/50 PHYSICAL CUSTODY. HE WILL NOT AGREE TO ANYTHING LESS THAN HALF CUSTODY AND SAYS THAT IS HOW THE COURT WILL RULE ANYWAY. HE HAS NOT BEEN ABLE TO ABIDE BY THE AGREEMENTS WE HAVE NOW AND OUR DUAGHTER HAS ONLY KNOWN ME AS HER PRIMARY CAREGIVER. PLEASE ALSO NOTE, THAT I AM NOT PREVENTING HIM FROM SEEING OUR DAUGHTER EVEN THOUGH WE KNOW THAT THE CURRENT AGREEMENT WE HAVE IN PLACE IS UNENFORABLE.

SO, BASICALLY MY QUESTION IS, IS WHAT IS THE LIKLIHOOD THAT THE COURT WOULD AWARD HIM 50/50 PHYSICAL CUSTODY.What is the name of your state?CALIFORNIA

 

[casa]

What is the name of your state? CALIFORNIA

MY EX AND I HAVE A FOUR AND A HALF YEAR OLD DAUGHTER TOGETHER. FROM THE TIME THAT OUR DAUGHTER WAS BORN UNTIL SHE WAS THREE YEARS OLD, HE VERY RARELY IF EVER VISISTED OUR DAUGHTER. SHE DID NOT EVER VISIT HIM ALONE OR STAY THE NIGHT AT HIS HOUSE. FROM THE AGE OF THREE UNTIL SHE WAS FOUR, HE DID NOT HAVE ANY CONTACT WITH OUR DAUGHTER. ALSO, DURING THIS FOUR YEAR PERIOD HE NEVER PAID ANY CHILD SUPPORT. AFTER I TOOK HIM TO COURT TO ESTABLISH PATERNITY (HE KNEW HE WAS THE FATHER, BUT DID NOT WANT TO PAY CHILD SUPPORT),

Unless/Until Paternity is legally established and there is a Court Order for Child Support - He isn't obligated to pay you any. It's your (&/or Dad's) responsibility to establish Paternity and Court Ordered Support if you are unmarried.

WE AGREED TO A CHILD CUSTODY AND CHILD SUPPORT ARRANGEMENT OUTSIDE OF THE COURT. HOWEVER, WE NEVER FILED IT WITH THE COURT. IT IS SIGNED AND NOTARIZED.

A notarized paper is not a Court Order. Again, without one, he is not obligated to pay support of any kind.

The only thing the notarized agreement is good for, is to file in court to try to demonstrate that you are attempting to come to an agreement. However, in CA Child Support is guideline by parents' income & is calculated using the dissomaster. You can go online to any Child Support calculator for the state of CA to determine an approximate support amount.

MY DAUGHTERS FATHER HAS FAILED TO ABIDE BY THIS AGREEMENT. MOST OF THE TIME HE CANNOT TAKE HER OR HAS TO DROP HER OFF EARLY BECAUSE HE HAS TO WORK.

Even WITH a Court Order, him having the Right to visitation does not mean he is Obligated to visit. Unfortunately, he can choose not to visit if he wants.

HE IS ALSO NOT PAYING HIS CHILD SUPPORT WHICH IS TWO THIRDS LESS THEN THE GUIDELINE AMOUNTS. WHEN I ATTEMPTED TO TAKE THE AGREEMENTS TO THE COURT TO GET THEM FILED, I WAS INFORMED THAT HE AND I BOTH NEED TO STIPULATE TO THE ORIGINAL AGREEMENT.

Correct, because the notarized agreement is not a legal document for Custody, Visitation or Support.

HOWEVER, HE DOES NOT WANT TO BECAUSE HE KNOWS HE WILL HAVE TO THEN PAY GUIDELINE CHILD SUPPORT. SO, NOW HE WANT 50/50 PHYSICAL CUSTODY. I AM OPEN TO A NEW PARENTING PLAN WHERE HE GETS MORE TIME WITH OUR DAUGHTER. HOWEVER, I AM OPPOSED TO 50/50 PHYSICAL CUSTODY. HE WILL NOT AGREE TO ANYTHING LESS THAN HALF CUSTODY AND SAYS THAT IS HOW THE COURT WILL RULE ANYWAY. HE HAS NOT BEEN ABLE TO ABIDE BY THE AGREEMENTS WE HAVE NOW AND OUR DUAGHTER HAS ONLY KNOWN ME AS HER PRIMARY CAREGIVER. PLEASE ALSO NOTE, THAT I AM NOT PREVENTING HIM FROM SEEING OUR DAUGHTER EVEN THOUGH WE KNOW THAT THE CURRENT AGREEMENT WE HAVE IN PLACE IS UNENFORABLE.

SO, BASICALLY MY QUESTION IS, IS WHAT IS THE LIKLIHOOD THAT THE COURT WOULD AWARD HIM 50/50 PHYSICAL CUSTODY.What is the name of your state?CALIFORNIA

Contested Custody goes to Mediation in CA. Go back to court, file for Custody/Visitation & for the court to determine a support amount. If he doesn't agree, you go to Mediation to hash it all out.

If you still don't agree, the Mediator writes their recommendation to the court...the Judge reviews the case & the report & issues their determination. Typically, a child-sharing %. ie; 50/50, 70/30, 60/40 or any combo. between, depending on your individual circumstances.

Joint Physical Custody or 50/50 is usually dependent on:
1) How close the parents live to one another
2) The parents ability to effectively co-parent
3) The existing Custody/Visitation which has been practiced up until now.

 

[Humusluvr]

What is the name of your state? CALIFORNIA

MY EX AND I HAVE A FOUR AND A HALF YEAR OLD DAUGHTER TOGETHER. FROM THE TIME THAT OUR DAUGHTER WAS BORN UNTIL SHE WAS THREE YEARS OLD, HE VERY RARELY IF EVER VISISTED OUR DAUGHTER. SHE DID NOT EVER VISIT HIM ALONE OR STAY THE NIGHT AT HIS HOUSE. FROM THE AGE OF THREE UNTIL SHE WAS FOUR, HE DID NOT HAVE ANY CONTACT WITH OUR DAUGHTER. ALSO, DURING THIS FOUR YEAR PERIOD HE NEVER PAID ANY CHILD SUPPORT. AFTER I TOOK HIM TO COURT TO ESTABLISH PATERNITY (HE KNEW HE WAS THE FATHER, BUT DID NOT WANT TO PAY CHILD SUPPORT), WE AGREED TO A CHILD CUSTODY AND CHILD SUPPORT ARRANGEMENT OUTSIDE OF THE COURT. HOWEVER, WE NEVER FILED IT WITH THE COURT. IT IS SIGNED AND NOTARIZED. MY DAUGHTERS FATHER HAS FAILED TO ABIDE BY THIS AGREEMENT. MOST OF THE TIME HE CANNOT TAKE HER OR HAS TO DROP HER OFF EARLY BECAUSE HE HAS TO WORK. HE IS ALSO NOT PAYING HIS CHILD SUPPORT WHICH IS TWO THIRDS LESS THEN THE GUIDELINE AMOUNTS. WHEN I ATTEMPTED TO TAKE THE AGREEMENTS TO THE COURT TO GET THEM FILED, I WAS INFORMED THAT HE AND I BOTH NEED TO STIPULATE TO THE ORIGINAL AGREEMENT. HOWEVER, HE DOES NOT WANT TO BECAUSE HE KNOWS HE WILL HAVE TO THEN PAY GUIDELINE CHILD SUPPORT. SO, NOW HE WANT 50/50 PHYSICAL CUSTODY. I AM OPEN TO A NEW PARENTING PLAN WHERE HE GETS MORE TIME WITH OUR DAUGHTER. HOWEVER, I AM OPPOSED TO 50/50 PHYSICAL CUSTODY. HE WILL NOT AGREE TO ANYTHING LESS THAN HALF CUSTODY AND SAYS THAT IS HOW THE COURT WILL RULE ANYWAY. HE HAS NOT BEEN ABLE TO ABIDE BY THE AGREEMENTS WE HAVE NOW AND OUR DUAGHTER HAS ONLY KNOWN ME AS HER PRIMARY CAREGIVER. PLEASE ALSO NOTE, THAT I AM NOT PREVENTING HIM FROM SEEING OUR DAUGHTER EVEN THOUGH WE KNOW THAT THE CURRENT AGREEMENT WE HAVE IN PLACE IS UNENFORABLE.

SO, BASICALLY MY QUESTION IS, IS WHAT IS THE LIKLIHOOD THAT THE COURT WOULD AWARD HIM 50/50 PHYSICAL CUSTODY.What is the name of your state?CALIFORNIA

Please do not write in all caps and no paragraphs. It is very difficult to read. and you only need to post once.

The current order you have is not worth the paper it is written on. Go to court and establish the visitation and support amount. It is unlikely that he would initially get 50/50 considering he has never taken the child overnight, but there is no telling what a judge might find.

You need to do this legally. You can file the plan that you agree to, but it needs to be filed.

 

[my bear]

Clarify A Couple of Things

I should mention that paternity was established and ordered in our initial court appearance. However, we dropped the other parts of the claim that pertained to child custody and child support and came to an independent agreement. Those are the agreements that I am referencing in my original post.

 

[casa]

I should mention that paternity was established and ordered in our initial court appearance. However, we dropped the other parts of the claim that pertained to child custody and child support and came to an independent agreement. Those are the agreements that I am referencing in my original post.

That's good news. Then you only need to legally establish 2 things instead of 3.

The answer is the same though...you still must go to court to file. If you can't agree, attend Mediation & let the Judge decide. CS will be calculated based on both of your Income & Expense Declarations.