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I dont know if this is in the right category I just need help as I am very nervous about getting Joint Custody of my kids.
I left my wife about 14 months ago, we have been off and on and I really deep down assumed we would work it all out so I left the issue of custody of our 2 kids alone, we didn't which I accept as my fault. I have now moved on into a new relationship with a girl I am very happy with and we are expecting a child, my ex wife has also and seems happy. I decided to approach her about split custody 1 week at a time or for her to come up with something acceptable. Her reply was I take them just on weekends which is not close to enough for me. In anticipation of a pending Court battle I have been keeping notes, including that the last 70 days I have had the kids 51% of the time while see has had them 38% and daycare 12%. I have lots of positives including her knowing of her new BF's drug problem saying its ok because she cant tell when he is on them. I take the kids to all sorts of events hockey every satuarday, different events around town, while she claims because she doesnt have a car she cant do any of these things. In my time with the kids I keep them with me, she has them they are in daycare and at times with a babysitter. I find her attempts to resolve this completely aimed at what is most conveinent for her regardless of the kids, I just wanna have my kids in my life and yes my Fiance fully supports this.
What I am looking for is some kind of an answer as to the odds of me obtaining 50/50 custody? I am not in any way looking to take the kids from her full time, but I am nervous she is going to try and then move away so I cant see them.
Also to go with it, will the courts take into consideration our incomes? Either me or my fiance make more the my ex and her bf combined, does this play any factor?
What you make makes no difference - the fact she has them in day care during her time makes no difference.
What custodial time has been for a month and a half makes no difference - what has been going on the previous year before you decided to go for 50/50? Did you document that? If not, she can easily say you rarely saw them and are only sucking up the past month and a half to get custody.
Does she live with her bf? If not his drug use isn't something that will qualify as a custody factor really, unless the children are exposed and you can prove it. In that you are not divorced yet, and now have another child on the way...depending on the judge you are in front of your moral character could be called into question when it comes to custody.
BTW - she can't be your fiance until you are divorced from your wife.
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