Question regarding 50/50 for possesion

[TaraC]

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

We are in the process of determining custody.. My stbx is threating to obtain "50/50 custody" I am assuming he is saying Physical Custody, and this will decrease my support by 50%...He says if I dont allow him to claim one of our 2 children on his personal taxes...We are attempting to use a coach to file for divorce so we are trying to settle our disputes ourselves..

I am trying to determine if there are any guidelines that would need to be addressed for him to be granted this.. Currently he is living in his parents basement (its only 1 room) my son who is 4 1/2 is sleeping in a toddler bed in the same room .. there is no bed or room for our daughter she is 15 1/2, and currently will not visit with her father...(our marriage is over do to his infidelity, and shes angry).. None the less..If he is granted 50/50 there is no room for her...Can he be granted this custody arrangement when he clearly cannot provide a "home" for our children..He is also living a few towns away so getting them to and from school is going to be difficult as well.

I want to be strong and not give in to his threats, but I am nervous and do not want my children in that kind of situation for that amount of time.. Is there any documentation I can reference regarding this.

Thanks so much for any help anyone can give me.

 

[CJane]

How far away IN MILES is Dad's house from older kid's school? How far is that from his work?

Really, 50/50 isn't all that common except as an agreement - judges will rarely order it if there's an argument against it.

If your daughter CURRENTLY won't see her father, it's even LESS likely that he'd gain 50% placement.

 

[profmum]

How far away IN MILES is Dad's house from older kid's school? How far is that from his work?

Really, 50/50 isn't all that common except as an agreement - judges will rarely order it if there's an argument against it.

If your daughter CURRENTLY won't see her father, it's even LESS likely that he'd gain 50% placement.

I completely disagree, depending on the state or even county, 50-50 can be the NORM that the courts order.. certainly so in CO.

 

[ecmst12]

Custody is not awarded based on who has the bigger house. Dad can sleep on the floor and give daughter his bed. And if a judge says she has to visit dad, then she has to visit dad whether she wants to or not. She's still a minor, it's not her decision.

 

[CJane]

I completely disagree, depending on the state or even county, 50-50 can be the NORM that the courts order.. certainly so in CO.

Curious. How many cases are you, personally, familiar with in which one parent is attempting to get 50% placement, the other parent is adamantly against it, and it's ordered by the court anyway?

Above applying only to NEW orders, of course.

 

[Ohiogal]

He may very well get JOINT custody and not 50/50 placement. Regardless, what the court orders state is what angry teen gets to follow unless of course YOU want to be in contempt.