question re 50/50 physical custody

[lanne6]

What is the name of your state?California.
Anybody embroiled in a custody fight who's able to get more than 50% custody? I'm a primary caregiver, would like to retain primary physical custody.

 

[tigger22472]

Not sure I understand... are you asking about having 50/50 exact split custody or obtaining more physical custody then that? 50/50 exact is possible but it really doesn't happen that often.

 

[lanne6]

California
Yes, I would to retain over 50 percent physical custody of my son. I'd like him to remain in my home, as I will retain it, and it is two blocks away from his excellent school. His dad would see him
about three times during week, one day over weekend, and one overnight, and one dinner.

 

[tigger22472]

Ok.. this is what you are asking for? Are you already divorced and this be a modification or are you just in the process of divorce. Generally 50/50 exact isn't granted unless it is proposed in the first place. Are you confusing with understanding 'joint physical custody" with 50/50? Even with what you proposed that is considered joint. Anytime a parent gets visitation it's considered joint physical custody.

 

[lanne6]

Ca.
I am planning to divorce, and am hoping not to be forced into a situation where my six yr. old son has to go back and forth between two houses on alternate weeks. I am concerned about being forced into this by the court.

 

[tigger22472]

My DH has it set up where it is every 2 weeks but that is ONLY because they agreed to it and requested it. There is no need to worry about it unless you fear your husband will ask for it, even then the odds of it happening aren't great as that although it's becoming more popular to do it still isn't considered the norm.

 

[lanne6]

that is my concern. I am afraid my husband will try to insist on a 50/50 split. He has never taken care of my son, refuses to supervise him, and is toally uninvolved in his life. I have heard however, that some of the judges are so pro-father, they will give these fathers 50 percent physical custody. I am very worried, but am hoping this is not the case.