Overnight vs Daytime Custody

Could one of the attorneys please respond to this? I really need an answer before I start drafting a seperation agreement.


Dear tag2453:

Greetings. First, we provide this as a free service, but our current clients are our highest priority. Therefore, we answer these as quickly as possible.

Now, you clearly cannot execute a separation agreement, because you are not married, right? Therefore you need a parenting agreement or a consent custody order.

No, there is no consideration for how much time you watch him. The worksheet is based on overnights only. While we can deviate from the guidelines, you will not be able to draft this properly into an agreement without an attorney.

Child support is based on the actual situation. So, even if you have an agreement that says you can have the child half the time, without the proper deviation language, you are not going to have much luck in court when she goes to modify based on the fact that she has the child all the overnights. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My girlfriend and I are looking to seperate and share custody of our 14 month old son. One of us will likely be purchasing another home in the same neighborhood. I currently work from home and watch our son during the day. He goes to daycare parttime 2 days a week. She arrives home from work between 6-7 and has him in bed by 9 at the latest. She also usually takes care of him the entire weekend. Our plan is to keep things basically the same except that she would pick him up after work and he would sleep at her house.

So my issues is with the Child support calculator being based on OVERNIGHTS only. Since I’m actually watching the child for more WAKING hours then she is, is there some consideration given for this?

I also don’t want to enter into a seperation agreement that provides for the arrangement described above if that means we’d have to use Form A and I would be liable for a lot more money in support.

Also if we did word the Seperation agreement so we worth both entitiled to an equal number of overnights but i chose to take him during the day instead of the night, how would the court view that?

Any help, advice, guidance is greatly appreciated.