Is Fighting for 75% custody worth it or likely?(mental/emotional abuse)

whiskey_piker · 2024-04-14T15:19:03+00:00

Legal custody V parenting time; you need to research so you understand.

Flashy_Yam967 · 2024-04-14T13:36:41+00:00

Unless there is more to this, custody should probably be split 50/50. A spanking or slap doesn't constitute abuse in any state as far as I'm aware unless it's extreme. As for allegations of emotion abuse, so many spouses on both sides pull that card. My ex did most of the picking up and dropping off as my job was more consuming than hers. I spanked and slapped before as well. I still got my kids 50 50 and she welcomed it.

It's really 100 percent, 50/50 or every other weekend and half the summer. If there was true child abuse you, it should be 100 percent not half, not a majority.

Emotional_Lettuce251 · 2024-04-13T20:08:54+00:00

Ex-CPS case worker here ... if she hit your children you really should have called the abuse/neglect hotline on her. An investigation would have been opened and a forensic interview would have been done. This might sound petty, but, in actuality, it shows you are being a protective parent. By not calling, it makes you an accessory, basically. It sends the message that you are willing to cover for your wife's physical abuse of your children rather than put their safety first (Say if they told a teacher/day care worker that "Mom/Mommy hits me").

If she does it again you should make the call. Most likely a "safety plan" would be put in place in which she would not be able to reside in the home with the children and she would have supervised visitation/parenting time until the court ordered otherwise.

Depending on their age, they could be deposed.

Cheap_House8696 · 2024-04-13T19:20:05+00:00

Moving out is a huge no no don't do it, go for 50/50 don't leave

EnvironmentalAd3558 · 2024-04-13T17:06:58+00:00

Without evidence you are probably wasting your money and time trying to get more than 50%. Just the way it is. The judge will think that if it is safe for them to be with her 25% of the time she is safe for 50%.

That is a hard sell on your part and inconsistent.

A winning argument is that she unsafe and you should have 100% and her supervised visitation. But you need a lot of evidence for that.

captainchippsixx · 2024-04-13T15:35:35+00:00

You need evidence. You need police reports.

jimsmythee · 2024-04-13T15:29:59+00:00

Going to be dead set honest with you. It’s family court and they’re very mother-centric.

My exwife had a recent conviction for DUI with kids in the car, when she crashed the car while driving high as a kite on pills.

50/50 custody is what the judge ordered.

Go for the 50/50 custody and call it a day. And wait for her to have actual disasters that involve the police and the courts.

CulturedGentleman921 · 2024-04-13T15:28:21+00:00

What does your lawyer say? Do that.

DicksOut4Edamame · 2024-04-13T15:11:08+00:00

If you truly feel it is better for your babies to be with you majority of the time, you fight for that. Your job is to provide your children the best lives possible. And removing them from emotionally abusive settings aims to do just that

God bless bro. And good luck

dday_throwaway3 · 2024-04-13T15:10:23+00:00

Assuming you live in the US, which state do you live in? It matters for presumptive custody.

Is the mother employed?

What are the ages of the children?

Status quo is the greatest bias of the court. If she's a SAHM and you're the breadwinner, there is no way in hell you are getting the lion's share of parenting time. You'd be lucky to get 50%. The only way you'd get 80% parenting time (every other weekend for her) is if you're a SAHD and she works full time.

Title	Is Fighting for 75% custody worth it or likely?(mental/emotional abuse)
Author	Rustic_Father
Upvotes	7
Comments	31
Date	April 13, 2024 2:49 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1c33pan/is_fighting_for_75_custody_worth_it_or/
Archive Link	https://theredarchive.com/r/Divorce_Men/is-fighting-for-75-custody-worth-it-or.1514969 https://theredarchive.com/post/1514969

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