Can he get 50/50 custody?

penylane

He told me today he's going to try to get it. I've filed or divorce and we should be going in font of the judge soon. Righ now he has them every other weekend and one night a week for a few hours. They are 11, 5, and 3 and I think this areangement is best right now. Last night he told me he's moving in with a friend who went to prison or DUI's and he will have 2 bedrooms. I'm freaking out He's so angry and screamed at me saying I just Want child support so that's why I don't want him to have 50/50. I'm wondering if they'll consider it based on his living situation.

LoveyFNR

Not really enough to go off of. What is your living situation? Both of you working full time? Criminal backgrounds? If he is currently getting EOW I doubt they will jump to giving him 50/50 as it wouldn't be in the best interest of the children. Sounds to me like he just doesn't want to pay CS.

Most men just say this stuff to be controlling and to scare you. His living situation is also not promising at all. Who can raise 3 children when they are sharing a 2 bedroom apartment with his hot mess of a friend? Be prepared to come with evidence supporting yourself and making him look unfit to take care of the children 50/50. You should be okay.

BMenz

Legally he could not have 50/50 custody living in a 2bd apartment with his friend. Fire codes state that a max of 2 people per room. So the max # of people that could live in that apartment would be 4....even if they aren't there all the time. If he truly wanted 50/50 (instead of the whole 'i don't want to pay support so I'll say this to you instead just to freak you out') he would have to move into a 3 bedroom apartment.

Eta: Also, here in MN if you have an older child (such as your 11yo) and 2 younger children + a parent living in a home, the 11yo has to have their own room and the two younger share a room and the parent has their own room.  

 

achase123

I know it's hard, but you need to CALM down.  Just because he WANTS 50/50 doesn't mean he'll get it.  You need to know your rights, and fight for them.  Do you have an attorney?  Best thing to do is to limit contact so he doesn't get you in a position like this where your emotions will take over.  He'll play on your weakness like a fiddle and send you into a tailspin.