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? about change in visistion with no court order

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twinmama2

Junior Member
? about 50/50 visition

What is the name of your state (only U.S. law)? Fl

Well, my husband and I were trying to do our divorce ourselves, but it has not worked out. He has retained and attorney (and I guess I will as well) and is asking for a 50/50 visitation schedule for our kids (twins - 2.5 years old.)

Some background - he moved out of our home Jan 2009. From aprox. Jan - Aug. 2009 we had it set up so he could come by daily to see the boys and help put them to bed, as well as take them one overnight on the weekend. He probably came aprox. 3 times a week, and took them 2 weekend days a month.

Starting Sept 2009 (after the boys turned 2) we agreed on a every other weekend and MW (on weeks he had them for the weekend) or MWTr (on week it was my weekend) "dinner" schedule. He was very inconsistent with coming (though he was good about weekends )

Then, aprox. Jan 2010 he requested a T Th dinner schedule, as he had started a yoga class that was M W. He has been very inconsistent still with T thurs - usually coming aprox. 4 out of 8 nights, but is good about weekends. We have had a LOT of switching of days/times to accommodate his schedule.

As and example of his schedule - he is out of town or unavailable this month - 1st-4th, 6th-8th, 13th-21st, 28-30th.

He has freely admitted to me that the reason that he asked for 50/50 with the boys is because it's "his only bargaining chip".

If he COULD take the boys more, though i'd miss them, I would encourage it - but with his schedule- he just can't. (frankly, i"ve leaned to enjoy the "break" I get). What I'm worried about is that he will somehow get this schedule, and our boys will basically be in the care of his girlfriend (I have many reservations about this - the least of which is her role in our marriages' demise, but center around her being bi-polar, claiming to others that she is their mother etc.).

I don't know what to do. In a perfect world, he would see the boys more -- they love him, and he loves them - and despite being a crappy husband, he is not a bad father.

Is there any real chance he will get a visitation schedule where he couldn't reasonably be there for most of the time?

He has threatened that if I don’t agree to his financial plans that his lawyer said “I won’t be happy about the outcome” and though he doesn’t want me to hate him, he can live with that if its what he has to do to “win”.

How worried should I be?
 
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chronicle

Member
Do you have an attorney? Maybe one of the senior members could tell you better (well, not maybe- I know they can!) but my first thought regarding the girlfriend keeping your kids would be to request a right of first refusal for times your ex is away when it is his parenting time.

Not to be a downer, and maybe your state is different, but my ex has a crazy work schedule too, and that didn't stop him from getting 50/50.
 

twinmama2

Junior Member
Thanks for your reply. I am frustrated with the idea that even though he doesn't excersise all of his time now, that he would be granted MORE time that he couldn't use. I really can't believe that he is using the boys as a pawn.
 

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