My husband and I are currently in a separation. By the time we get divorced I will have just had the baby by a week or so. He says he will not settle for anything less than 50/50… how will this be possible? we live in two different states! Along with that - how is it fair that the baby will be with me during the school year when i have to deal with all the work, homework, daycare, activities ect… and he gets the summer to play with the child. i asked him for 2 weeks in the summer and he said okay but not his lawyer is advising him otherwise. He also says I should get out of the military because i haven’t deployed and the court will look down on this saying that I am not a good stable residence. I have a house of my own, a car, military intelligence mos. He is currently on probation for drinking, a modified licensee to only drive to work, and rents a room in a house and infantry. I have a much higher education level and a background thats well off. Hes mother gave him to his grandmother to raise him because she was on too many drugs and currently his the only that has graduated high school recently. What should I do?
If your husband wants to seek 50/50 custody of the child, he will have to file suit in the county and state where you live and prove to the court that a 50/50 arrangement will be in the child’s best interest. I cannot conceive of a 50/50 arrangement that would work if the parents are living in two separate states.
I recommend that you file suit when the child is born in order to pursue a schedule that is truly in the child’s best interests. Regardless of what schedule is imposed, I see no reason why you would not be awarded time in the summer for vacation.