Custody Questions


#1

As the father of two young children, I have a question regarding custody. As the SA states, I am to have custody 4 days a month. Since our separation last year, we have followed this. However, as anyone knows, this is not enough time. We have been separated for less than 12 months, so no filing yet. I want/need more time. She is in agreement, but minimally. I want closer to 50/50. If we don’t agree before filing, how can I assure I get more time? What are the appropiate steps if she won’t or we can’t agree on a different (more fair) custody plan?

Thanks.


#2

[quote=“costaldad”]As the father of two young children, I have a question regarding custody. As the SA states, I am to have custody 4 days a month. Since our separation last year, we have followed this. However, as anyone knows, this is not enough time. We have been separated for less than 12 months, so no filing yet. I want/need more time. She is in agreement, but minimally. I want closer to 50/50. If we don’t agree before filing, how can I assure I get more time? What are the appropiate steps if she won’t or we can’t agree on a different (more fair) custody plan?

Thanks.[/quote]
If you have already signed and notarized the SA I am not sure as to the proper course of action other than to file a motion for a change in the visitation based on a change in circumstances… Obviously, if you have not yet signed and notarized the seperation agreement, I wouldn’t do so if you do not agree with it’s terms. Don’t sign something less than what you’re willing to settle for because you want to “be the nice guy” or because the STBX is making promises, etc. if you do. It’s amazing how quickly the STBX can change their tune once they get what they want in the SA, and by then it’s likely too late to do anything about it.

I’m not a lawyer, just some informed wisdom based on my own experience so far lol…


#3

You are correct about signing SA and having verbal agreements for things not included in SA. My how minds do change!

But I was told by the attorney that custody/support is modifiable. What are the laws regarding custody for parents not agreeing? Is it possible to get 50/50 without STBX agreeing completely? I’d like to keep this civil, but not at the expense of not seeing my children reqularly.


#4

If custody is outlined in a separation agreement rather than a court order, I would suggest you file an original action for custody in order to get more time with your children.


#5

Thanks! Is this something I can do before she files for divorce? Or after filing and the divorce is final?


#6

You may file a custody action at anytime, before or after divorce.