QUESTION
Would a judge often order 50/50 child custody?
Asked on Dec 27th, 2013 on Child Custody - Utah
More details to this question:
My daughter's father is, in my opinion being very unreasonable. I proposed every other weekend and every other Wednesday for his visitation, which I think is pretty standard and fair. I am a drink free, drug free person with a stable roof over both of our (mine and my daughter) heads. I see no reason why would be any way unfit. I have only seen 50/50 custody once, and in that case the parents lived in the same town/school system. I believe that they were both in agreement and came to the decision mutually. Is this something I should be overly concerned about becoming a reality? Also, my daughter is an infant only three months old.
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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50/50 is not unreasonable, particularly if he lives close to you and the child is not in school. However, given the young age, it may be that the court would go along with your proposal for 9 months, then more time with dad going to 50/50 until the child goes to school.
Answered on Dec 31st, 2013 at 10:57 PM
It depends. Is there any reason that the judge would find him unfit? Is he good at taking care of her? A 3 month old needs to see both parents more than once per week, for early bonding to take place. They also need a lot of attention, and they are a lot of work at that age. Is he really up to the challenge, or is he just trying to cut down his child support obligation? The school system is not an issue now, of course. Are you breast feeding? Are you working? Do you have day care? These are all factors that the court considers. Usually, the court will send the two of you to mediation to work out a plan in the best interest of your child. And make a recommendation if you cannot come to an agreement.
Answered on Dec 31st, 2013 at 10:57 PM
Bankruptcy Attorney serving Bend, OR
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Albertazzi Law Firm
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There is no such thing as "50/50 child custody." If parents cannot agree on the custody of their children (that is, who is responsible for making legal decisions about the children), the court will decide which parent will have custody. There is such a thing as joint custody, which is best for parents who agree. With joint custody, the agreement of both parents is required for major decisions. Your situation is not suitable for joint custody because your husband is being unreasonable. With a three month old baby, you need to have legal help for the benefit of your child. Please contact an attorney. The cost may not be as much as you think, and failure to get legal advice now will result in much more expense and heartache later.
Answered on Dec 30th, 2013 at 7:30 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You don't say if you both live on the same area. Joint custody would note an you are unfit but that both you and the child's father are fit.
Answered on Dec 30th, 2013 at 7:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your proposal is reasonable but I need all of the fact.
Answered on Dec 30th, 2013 at 6:29 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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The current thinking generally in Utah is against joint custody, but that sentiment is changing, and fast. It has never been easier to argue for joint custody as it is now, and it's getting easier. Do not listen to attorneys who try to tell you otherwise; if they do, they're just trying to get you to let them take the path of least resistance and needlessly lower your expectations.
Answered on Dec 27th, 2013 at 7:59 PM