When is 50/50 custody denied?

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,

Has anyone experienced a case where a decent father was denied 50/50 custody though he wanted it? If so, what were the circumstances?

I am looking for some anecdotal information regarding how custody works in NC (Orange County). My ex was a SAHM until she left in August 2008. Since then, we have a 35/65 custody split (I get 5 nights out of 12) during the school year and 50/50 for summer and holidays.

During the temporary custody hearing in January, the judge ruled that the 5/14 schedule will stay until the school year is out, then it goes to 7/7 through the summer and beyond.

My ex is a real PITA and has insisted on a GAL in an attempt to get full custody. I don’t think that she has uncovered anythings since there isn’t anything there.

So, given the factors
1- Ex was a SAHM and still doesn’t work when school is out. Ex will not work this summer to “be with the kids” while I work fulltime.
2- Ex claims she is a much better parent
3- I have always wanted 50/50 custody and done a very good job of becoming a single parent

has anyone experienced a case where the custody ruling was NOT 50/50?
If so, what were the factors in the case?

It just makes me paranoid. The GAL is talking to so many people and it is humiliating.

Thanks!

2

There are no guarantees when it comes to custody cases. The judge must consider all factors and make a determination based on what he or she considers will be in the best interests of the children.
Often times, depending on the ages, maturity level, school schedule, activities and so forth of the children some judges consider a 50/50 split to be to much back and forth for the children. In those cases the judge will typically award primary physical custody to the primary care giver. It all really depends on the circumstances of the particular case, and the judge who hears the case. If your judge already ruled that the schedule would be 50/50 in the summer, it seems as though he or she may believe that week on /week off is too much for the kids during the school year, or it may be a chance for you to prove that having the children half time really is beneficial for them.
One thing that is important to remember when you are presenting your case to the judge is that it is all about the children and what is in their best interests, it is not about what the mother and father want.