Taking into consideration that joint custody in NYS is highly unlikely. At this point it's still very much a winner take all state. One parent is getting primary and another secondary. On top of that, the secondary parent is most likely looking at a standard parenting schedule including every other weekend with a night or two mid week. Father seeks joint legal custody (highly unlikely if it goes to trial) and equal parenting time (also highly unlikely if it goes to trial). Mother had previously offered every other weekend with one overnight a week. Rotating holidays and school recesses and week on week off during the summer. She has also offered to carve up decision making into spheres with mother having final say in education and medical and father religion and extra curricular. She has also offered to change to full 50/50 after 5th grade. She also offered to waive child support. We're on the edge of beginning legal process. Divorce filed, judge assigned, GAL assigned. Both parents are fit and loving. Mother has flirted with alienating behavior and has a moderate history of using the child as a weapon and verbally and abusing father. Nothing the courts may consider major in the world we live in. Would you entertain just taking the deal? At the end of the day it would be about 42/58 custody as opposed to 50/50. Honest thoughts?
[–][deleted] 2 points3 points4 points (8 children) | Copy Link
[+]Danthesongparodyman1 points [recovered] (2 children) | Copy Link
In NYS its 17% for each child. We have 1. CS goes to non custodial parent regardless of income though I earn 20% less than wife.
[–]fewdo 1 point2 points3 points (1 child) | Copy Link
[+]Danthesongparodyman1 points [recovered] (4 children) | Copy Link
I just began considering this now. Yet I can't help but worry she'll smell blood in the water and just say nope, let's go to court tough guy. Those offers were made between January and April.
[–][deleted] 0 points1 point2 points (3 children) | Copy Link
[+]Danthesongparodyman1 points [recovered] (2 children) | Copy Link
I hear you brother. I agree. Yet child support is a flat thing here in the Empire State. 17% whether you have the child 1% or 49% of the time. The child support will keep me from getting my own home and having to live with my parents at almost 40. Again, if she earns more than I do and is comfortable, im hoping the court won't be hellbent on seeing me homeless just to make a point. Who knows. I worry about that and the 50/50 after 5th grade because it isn't enforceable I dont think.
[–][deleted] 0 points1 point2 points (1 child) | Copy Link
[–]sc1617 1 point2 points3 points (3 children) | Copy Link
[+]Danthesongparodyman1 points [recovered] (2 children) | Copy Link
Yes. Ive had an attorney for a year. Where did you read or hear NY is 50/50? There is no presumption of equal time and in fact, case law here dictates that once a matter is litigated, it is inappropriate to order joint custody unless the parties agree. See Brahmain v brahmain. They still rule based on this archaic decision.
[–]sc1617 0 points1 point2 points (1 child) | Copy Link
[–]fewdo 1 point2 points3 points (3 children) | Copy Link
[+]Danthesongparodyman1 points [recovered] (2 children) | Copy Link
If you can say 41% is fair. I assumed 50% was fair. But I dont want to spend 30K or more, have our son forensically investigated and spend more time bickering in this house if all ill get is 30% time with our son.
[–]fewdo 1 point2 points3 points (1 child) | Copy Link
[–]Mymindisgone217 1 point2 points3 points (2 children) | Copy Link
[+]Danthesongparodyman1 points [recovered] (1 child) | Copy Link
If I decide to take it, I hope she doesn't smell blood and vindictiveness and decide she doesn't want to now. Lol
[–]Mymindisgone217 0 points1 point2 points (0 children) | Copy Link
[–]playerknowmore 0 points1 point2 points (1 child) | Copy Link