Proper wording

[MWC]

What is the name of your state? Texas

I am filing for divorce, but we are working on settling everything without attorneys. That being said, I am not sure how to word the custody arrangement. We have agreed to use our work schedules to determine custody at 50/50 time. Currently, I have it worded as: A visitation schedule will be on a weekly/monthly basis, based on work schedules, and will ensure that visitation time will be split evenly 50/50 with each parent. These times/days must be agreed upon by both parents.

Is this appropriate or is there another way I should be wording this?

 

[Zigner]

Your proposed schedule is so vague that it is unenforceable and, likely, unworkable. You are setting your custody and visitation arrangements up for failure from the start.

 

[Zigner]

As a note - this is the second thread you've created relating to the same matter. Please keep any future questions in a single thread. Either this one or your other, although this one may be better.

 

[MWC]

As a note - this is the second thread you've created relating to the same matter. Please keep any future questions in a single thread. Either this one or your other, although this one may be better.

My other post was about child support so I thought I needed to keep separate. I will put them together in the future. Sorry for any inconvenience.

 

[MWC]

Your proposed schedule is so vague that it is unenforceable and, likely, unworkable. You are setting your custody and visitation arrangements up for failure from the start.

Can I ask if there is another solution to how to word this to make it workable?

 

[Ohiogal]

Have a default schedule (week on week off or something) with right of first refusal as well as a holiday schedule. Then if you agree to something else, you agree to something else. But you have the default when you can't agree.

 

[Zigner]

My other post was about child support so I thought I needed to keep separate. I will put them together in the future. Sorry for any inconvenience.

No problem - it just helps to have a single thread for related matters so that the volunteers can see the "big picture".

 

[LdiJ]

What is the name of your state? Texas

I am filing for divorce, but we are working on settling everything without attorneys. That being said, I am not sure how to word the custody arrangement. We have agreed to use our work schedules to determine custody at 50/50 time. Currently, I have it worded as: A visitation schedule will be on a weekly/monthly basis, based on work schedules, and will ensure that visitation time will be split evenly 50/50 with each parent. These times/days must be agreed upon by both parents.

Is this appropriate or is there another way I should be wording this?

It is as appropriate as anything else. However, in my humble opinion that is a horribly selfish thing to do to your children. 50/50 by itself can be hard on a lot of children because they don't get to settle in anywhere for any appreciable length of time (unless parents rotate every other week) so they feel like visitors in both homes. To add to that the uncertainty of an ever changing schedule is as selfish as two parents can get, in my opinion.

 

[Ohiogal]

Ignore LDIJ. She has no clue about the law when it comes to custody and refuses to support anything she says with citations or supportive information. Her opinion matters not. I am an attorney who does custody work -- albeit in Ohio -- and have dealt with 50/50 situations hundreds of times.

 

[MWC]

Ignore LDIJ. She has no clue about the law when it comes to custody and refuses to support anything she says with citations or supportive information. Her opinion matters not. I am an attorney who does custody work -- albeit in Ohio -- and have dealt with 50/50 situations hundreds of times.

With your experience, what is the best way to work this arrangement as far as wording it for the petition?

 

[Ohiogal]

With your experience, what is the best way to work this arrangement as far as wording it for the petition?

Did you read POST 6?????? Have something like that spelled out but also put in a clause that the parties can agree to other dates and times but if there is no agreement then it defaults to the written schedule.

 

[MWC]

Did you read POST 6?????? Have something like that spelled out but also put in a clause that the parties can agree to other dates and times but if there is no agreement then it defaults to the written schedule.

I'm sorry. You are right. I missed that one.

 

[t74]

IMO, when children are involved, it is in THEIR best interest to have their parents obtain legal advice from knowledgeable family law attorneys in regard to custody, visitation and support. It is far less stressful on them to prevent a problem than to solve it once it occurs. Being prepared and having an idea of what you would like to have in orders is great, but the details matter. Attorneys are good at the details that the average person will miss.

 

[Ohiogal]

I would at least suggest that the "finished" plan be reviewed by an attorney in order to determine if everything the local court requires is in it.

 

[SESmama]

You may also wish to include a weeknight dinner "date" with the other parent if you do go every other week. Just my opinion