My wife and I are just beginning mediation. She has acquired an attorney. I have not.
We have (6) children who she homeschools. One of those has left the home recently for college, a second is 17 and has about 1 year remaining in the home, and the other ages are 15, 14, 11 and 8. 2 older girls, 4 younger boys. She has homeschooled these children since they were born.
I contend that the hours the children spend in school with her (in our home) should count towards her overall visitation hours. Basically using (14) hour days * (7) days / week = 98 hours.
I am *not counting hours while they are asleep; therefore, the math works out for me to have the kids 5 nights and her 2 nights. She has major problems with this calculation b/c of the overnight stays.
How is the best legal way to divide this time? I will be moving out of the house and have to work during the day. I am self employed and can get off early to watch them in the afternoons and want as much time with them as possible. Ideally 50%.
What position should I take? I am also making the assumption that to change them to private school is an uphill battle b/c of the precedence.
Custodial time is considered by the amount of overnights with each parent. The amount of hours in a day that the children are with the parent are not factored in. Generally, a 50/50 custody arrangement is the “norm.” Therefore, the children would spend equal overnights with each parent in any given week or month, depending on the schedule, without considering the amount of hours in a day with each parent.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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