Hello, I am a father of two boys 2 and 5. We never signed a separation agreement when I moved out but we currently both have 50/50 custody of the children ( I had to fight to get it to this point). My ex wants the kids full time and for me to have them every other weekend and from everything I have heard the judge in our county never awards 50/50. Is there anything I can do to help win 50/50 when we go to court? I work full time but a flexible schedule and do not need childcare. My ex is stay at home mom but has a small side business and says she will have to work and need childcare. What can I do to not lose my kids??
You will need to show that the children being with you 50% of the time will be beneficial to them.
Some things to show at trial are the children’s living arrangements at your house, your plans for transportation to/from school/daycare, your work schedule, the schools they would attend if placed with you, what the current schedule is, and any concerns you have about the mother as a parent to your children.
You will likely want to argue that keeping the schedule status quo is best for the children and that a change would be disruptive to them.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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