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CJane

Senior Member
Missed that. sorry. I thought he wanted 50/50. Got confused. :(
I figured. I think the desire for 50/50 was attributed TO him, but he never stated he wanted more than 2 nights/week.

I think he has a decent shot at that. But the WAY he wants to do it is what I was calling asinine, not the ACTUAL desire.
 


asf

Junior Member
I figured. I think the desire for 50/50 was attributed TO him, but he never stated he wanted more than 2 nights/week.

I think he has a decent shot at that. But the WAY he wants to do it is what I was calling asinine, not the ACTUAL desire.
I WISH I can still see my child EVERYDAY after divorce, but can I ASK for, or WANT it? Is anybody actually doing it?

The reason I "want" two days per week (even though I may ask for 50/50 on court as a bargain?) is I want to be practical and reasonable, based on my current situation and lawyers' evaluation. I never thought about excluding her mom from her life by asking for sole custody (as if I can).

What scared me was something I read saying ""When divorce occurs, current law makes one parent the sole custodian, over 90% of the time it is the mother."

I am not sure what exactly it means but now I interpret it as referring to mothers being the primary custodians, even in the cases of "shared custody". Is this right?

For my case, whether it ends up being one day or two-day per week, is it a "shared physical custody with joint legal custody"?

I am confused by the combination of these terms, legal, physical, joint, shared, sole, etc. To me they are not used consistently across boards.
 

LdiJ

Senior Member
I WISH I can still see my child EVERYDAY after divorce, but can I ASK for, or WANT it? Is anybody actually doing it?

The reason I "want" two days per week (even though I may ask for 50/50 on court as a bargain?) is I want to be practical and reasonable, based on my current situation and lawyers' evaluation. I never thought about excluding her mom from her life by asking for sole custody (as if I can).

What scared me was something I read saying ""When divorce occurs, current law makes one parent the sole custodian, over 90% of the time it is the mother."

I am not sure what exactly it means but now I interpret it as referring to mothers being the primary custodians, even in the cases of "shared custody". Is this right?

For my case, whether it ends up being one day or two-day per week, is it a "shared physical custody with joint legal custody"?

I am confused by the combination of these terms, legal, physical, joint, shared, sole, etc. To me they are not used consistently across boards.
Legal custody = decision making - these days its almost always joint.

Physical custody = where the child primarily lives. Most often that is with the parent who has been the primary caretaker, but it can also be joint or shared.

Joint Custody = Can refer to joint legal, joint physical or both.

Shared Custody = Generally refers to joint legal and physical custody, but does not necessarily equate to a 50/50 timeshare.

Sole Custody = One parent has sole legal and physical custody and the other parent generally has just visitation.

Different states use different designations. For example the term "shared custody" is not used in my state. Someone in my state who had every other weekend and one day or two days a week would generally have joint legal custody, with the other parent having primary physical custody.

That is part of the reason why its confusing...different states, different terminology. Texas is even wierder because they don't say "custody" A parent with primary physical custody would be the "managing conservator".
 
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asf

Junior Member
Exactly.

HOWEVER, your question has evolved, and you need to concentrate on what LD said - a schedule that maximizes your time with the child and causes her the least disruption possible. Doesn't matter what you WANT or what you think you're ENTITLED to.

My suggestion? Speak with the Nanny and see if she's willing to move households. Personally, given the age of the child and bedtimes and stuff... I would be shooting for something more like e/o Friday evening-Monday morning and Wednesday overnights. It's not the 2 nights/week that you want, but it's a good schedule, offers consistency, and allows you to maximize the time that you DO get, which (again, my opinion) is more important than # of hours.
I understand the schedule has to focus on the interest of the child, not the parent. But based on the above schedule, which sounds quite popular, there is a visitation gap of 7 days during which the child won't see the non-custodian parent, from Wednesday to Wednesday. Is that good for the child? Isn't it better for the child to see both parents more frequently, as long as the travel time is not prohibitively long, like within 30 minutes?

Why it's not a popular idea that parents split each weekend with the child, one on Saturday, the other on Sunday? Wouldn't that be easier for them to arrange activities of weekly basis?
 
Since I am a VA person here, hopefully I can help a bit with your situation.

Arranging custody while living in the same house, is not usually the norm, but I have seen odd things done in VA courts, so why not this one?

Now I will say it will depend on the Judge that you receive as most will say this is how it is done and then there are those very few that will try anything once.

I do really want you to think about it though in fullness.

Child is spending time with you in house, you decide it is bed time, Mom says no I want child to go to bed later, you say no I say now. You put child to bed Mom picks up child goes to her room, what would happen next? Would you just say ok Mom won that one or would it become a further arguement? UNDERSTAND?

In VA you MUST be seperated and living apart for 1 year and if the other party does not agree that you have done this, it can drag on and on. It is a question that when facing a Judge for divorce it is asked about 20 different ways, some are very subtle, so they can make sure you are following the guideline set.

Do not set yourself up for just a minium of overnights, as you have stated 2 nights and every other weekend. There are no direct guidelines in custody time in VA. I have seen from a few hours a week to 2 week periods to actual 6 months one parent with EOW and then 6 month other parent with EOW.

I will say VA prefers to appoint one person a custodial parent even with a 50/50 custody situation, that is due to school regulations. You must be considered the custodial parent for enrollment in school. They (schools) do not recognize legal guardians unless it is a child in need (a child who is in state custody situations)

You can receive, and most likely will receive joint legal custody, which gives you the rights to confer with other parent on all issues, from medical to schooling and in some cases religion, unless there is continuous conflict then a Judge may order that one parent be in charge of a particular area of conflict.

Joint physical custody, is normally what 50/50 custody is but as mentioned before, it normally has a primary custodial parent listed for school purposes.

Sole custody, is not the normal in VA, unless severe abuse situations, that are back up with court documentation is rare in VA. No Johnny/Mary hit me once and so I should receive custody situations.

Child care is normally split in costs, even if you have a free care provider for your time, you will most likely have to split whatever the costs are on Moms time.

VA is a joint income Commonwealth, so the courts look at both incomes when deciding child support. They will also place it with DCSEA (government agency to oversee that it is paid). Rarely will they go out of guidelines. They will though in cases order things like extra curricular paid in half, medical will be ordered in half with both parents required to carry some type of insurance. Transportation for driving child to and from each home can be done various ways, but most likely the parent who moves of of residental home will bear the costs.

Now onto another thing with transportation and it comes up often on this forum. Who picks up and drops of child. Most orders, state that the NCP (non custodial parent) will do both, unless it is specific that another responsible party may do the transportation. So when you actually do your paperwork think about that before hand and before you sign paperwork, because once it is set, it is difficult to change.

Taxes, ahhhhhhhhh lovely, lovely axes, a serious problem with most divorce couples ask Ldi. The normal in VA is custodial parent gets all the tax breaks, sometimes a Judge will order every other year with stipulations, such as child support being on time and paid for the year in full before Jan 1. So if you are behind even a dollar come Jan 1 of the next year, the parent who would not have gotten the tax credit, will now get that credit and if it goes to court, the Judge will have DCSEA pull records to show child support payments for the year, and if a dollar behind Judge will rule towards the parent that receives child support.
 

LdiJ

Senior Member
I understand the schedule has to focus on the interest of the child, not the parent. But based on the above schedule, which sounds quite popular, there is a visitation gap of 7 days during which the child won't see the non-custodian parent, from Wednesday to Wednesday. Is that good for the child? Isn't it better for the child to see both parents more frequently, as long as the travel time is not prohibitively long, like within 30 minutes?

Why it's not a popular idea that parents split each weekend with the child, one on Saturday, the other on Sunday? Wouldn't that be easier for them to arrange activities of weekly basis?
That idea is not popular because it means that parents would never be able to make weekend plans with the child. Courts don't order things that are likely to cause the parties to end up back in the courtroom. The first time that one of you wanted or needed to take the child for a whole weekend (to visit extended family etc.) and the other parent refused to give up their day, would likely put you right back in the courtroom.

By alternating whole weekends each parent has the opportunity to plan full weekend activities.

My ex and I had a creative arrangement that worked very well for us, but we ended up being best friends after our divorce (its like having another brother).

Our child lived with me (his insistance) and he came to my house every day after work to spend an hour or two with her. He then normally spent Saturdays with her and I spent Sundays with her. During the weekdays he would help her with her homework, play outside with her and her friends and while he was doing that I would run errands, unwind from work, make dinner etc., so it was helpful for me too.

Now, a judge would never order the kind of arrangement we had. A judge might even be leary of signing off on the kind of arrangement we had. Our order said "parenting time as agreed between the parties," which is normally NOT a good way to do it, because its often difficult for parties to agree, but it worked for us.
 

profmum

Senior Member
My ex and I had a creative arrangement that worked very well for us, but we ended up being best friends after our divorce (its like having another brother).

Our child lived with me (his insistance) and he came to my house every day after work to spend an hour or two with her. He then normally spent Saturdays with her and I spent Sundays with her. During the weekdays he would help her with her homework, play outside with her and her friends and while he was doing that I would run errands, unwind from work, make dinner etc., so it was helpful for me too.

Kudos to you and your ex for making the divorce so amicable, I am sure your daugther has greatly benefited from this situation. I am envious:)
 

CJane

Senior Member
Do not set yourself up for just a minium of overnights, as you have stated 2 nights and every other weekend. There are no direct guidelines in custody time in VA. I have seen from a few hours a week to 2 week periods to actual 6 months one parent with EOW and then 6 month other parent with EOW.
Dad? Given YOUR work schedule, MOM'S work schedule, and the fact that there's a live-in nanny at Mom's house... it IS unreasonable - best interests-wise - to expect to get a 50/50 schedule. ESPECIALLY with a 2 year old. Her 'quality time' is mostly taking place while you're at the office. That's not a dig, that's just a fact.

Why not ask for the 2 evenings Mom DOESN'T work from home?

The reason that the 'standard' exists is because that's typicallywhat works well in order to allow the child to spend a significant amount of time w/each parent and still have the consistency of having a 'home base'.

You could consider a 60/40 split in which you have one overnight/week, every other weekend, and split the summer in a 2 wk on/2 wk off schedule.
 
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