About 3 weeks ago my wife filed for a divorce that I do not want. We have to daughters (4 and 7) who are my whole world at this point. While I told her the whole run up to her filing that I would not leave my children, I have been reasonable in conversations since and realize that 50:50 is what’s best for the girls and lets them keep both parents in their lives.

My wife keeps saying “I agree they should see you that much but I think they need to sleep in the same bed every school night for consistency.” She then describes a sole custody with visitation model where they sleep at her house 5 nights a week and alternate weekends. This is wholly unacceptable to me and I will not agree to less than 50:50 custody. She has suggested that my oldest daughter having an IEP means she needs the predictability of sleeping in one residence every single school night. I find this to be absurd and believe the a 2-2-5-5 model is in everyone’s best interest as it is it gives them a schedule and time with both parents without too long away from mom or dad.

Does anyone know how likely an NY court is to rule for joint physical custody? The law says “child’s best interest” but I feel like 50:50 typically is what’s in the child’s best interest. I’m on Long Island and feeling incredibly anxious about the possibility of being reduced to a “visitor” in my children’s lives. Thanks.