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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To fight 5050 custody?

168 replies

TrucksTrains · 19/06/2023 08:18

I am planning to leave DH. I have been reading threads about divorce etc.

Is 5050 really the starting point these days? I do most of everything for the kids but he's a fairly responsible type who loves his kids (albeit he's a grumpy dad type who ducks the hard stuff but guess that's because I step up).

Kids are young (pre school and early primary).

Is it fair to fight 5050 as its just for fair on the kids? I just dont agree with 5050. I would hate to live in 2 homes. They say its what best for the kids but isn't 5050 to keep the parents happy really?

My close family tell me 5050 is rare but not according to MN.

I want to fight 5050 but is that unfair? Is there even any point? I don't know if I can go through with it if that us the reality of the situation

OP posts:
TrucksTrains · 19/06/2023 09:15

@ItsNotRocketSalad yeah he might well do. He's got hate me with all his might though so might be hard to communicate with him.

I can imagine it would be pretty weird for us but would be least disruptive for small kids.

OP posts:
nosykids · 19/06/2023 09:15

I think it wholly depends on the individual situation. My dh is an excellent and very competent parent and I completely trust him to care for our dc, but there are multiple reasons why we could not do 50/50 if we split. People on mumsnet can only comment about their own situation - there is not a global example of what is best for an individual family in these circumstances.

TrucksTrains · 19/06/2023 09:13

For everyone saying it works well - do they mean the kids like it?

OP posts:
ItsNotRocketSalad · 19/06/2023 09:13

TrucksTrains · 19/06/2023 09:11

@Silvergoldandglitter and the kids like it?

@ItsNotRocketSalad yes I definitely would do that. I'm not bothered about staying in the family home the whole time, I'm bothered that the kids feel they have a family home. So yes I'd go stay in a flat 50% of the time if it meant the kids staying in their bedrooms and being next to the school.

I'd push for nesting then. As it sounds like you're by far the higher earner, your ex might go for it as it means he gets to stay in the nice big family home 50% of the time.

Juiceboxxy · 19/06/2023 09:12

We do 60/40 and it works really well

TrucksTrains · 19/06/2023 09:11

@Silvergoldandglitter and the kids like it?

@ItsNotRocketSalad yes I definitely would do that. I'm not bothered about staying in the family home the whole time, I'm bothered that the kids feel they have a family home. So yes I'd go stay in a flat 50% of the time if it meant the kids staying in their bedrooms and being next to the school.

OP posts:
Wishitsnows · 19/06/2023 09:11

I think 50/50 is only in the interest of the parents. Many adults would hate to have to move half of their time and not have a main home yet expect children to do it. Often it is used as a way to get out of maintenance.

Silvergoldandglitter · 19/06/2023 09:08

I have 50/50 as do most of my friends. Works for all of us.

TheGrimSqueakersFlea · 19/06/2023 09:07

50/50 Is usually best for the parents not the children.

As child I didn't like 50/50 but had no say in it, even if I did I wouldn't have said anything because that would mean one parent thinking I wanted to see them less. Please think carefully about what works best for the children rather than what's fairer for parents

ItsNotRocketSalad · 19/06/2023 09:04

Would you consider nesting? IMO that's gold standard if you're putting the children first. I agree shunting them between two houses 50/50 is definitely not best for them.

CockyTeeHunz4Eva · 19/06/2023 08:56

Might add I don’t provide childcare or do any child related tasks. Just to intercept the sexist “he got a new wife who does it all” mentality. I love my DSC but their day-to-day care is DH’s job, not mine (unless I offer).

dottiedodah · 19/06/2023 08:56

It seems to be the norm now.Days of Dad working ,Mums at home largely passed by.We know of someone whose DH is wealthy ,owns several properties and went for 50/50 .Got it and has avoided any maintenance at all!

lljkk · 19/06/2023 08:55

The best thing for your children is to know they have 2 reliable parents who love them & are there for them. Let your husband create that situation if you possibly can.

ArcticSkewer · 19/06/2023 08:54

That's unlikely to be how it works though ... you trial a separation, he is crap with the kids, you move back in.

More likely he will move on quickly, possibly outsource the kids to a new partner.

CockyTeeHunz4Eva · 19/06/2023 08:53

We have the DSC 50:50 with DH’s ex. Been this way for 6 years. Now they are teens DH and his ex regularly check in with them that they’re still happy and both kids say they’d hate to not see either parent for more than a week. And my DH couldn’t imagine being an EOW dad. Initially his ex hated it, but she quite quickly saw how she was able to use the time to have her own life. It can be a blessing.

TrucksTrains · 19/06/2023 08:51

@QueefQueen80s That is true. I'm always surprised how competent he can be sometimes when I have to go out for the day....when I'm there he acts like making dinner is rocket science. I guess it's a risk though isn't it. As he also does things like nap on the sofa all day, give them crisps for breakfast, ignore them on his phone if he's feeling "tired". So I'd hope he steps up but if he doesn't I can't accept the kids growing up in that environment 50% of their lives. I woukd have to stay.

OP posts:
Puddingypops · 19/06/2023 08:48

So if god forbid, you died, would you prefer your children to live with someone else and not their father because he’s not capable?

if the answer to that is that you would want your kids to live with their father then you ABU.

if your reasoning is that kids should have one main home then are you willing to make that sacrifice and only have your kids EOW?

you need to acknowledge that your feelings are becoming from fear and panic at not having your kids 50% of the time.

I have shared my boy 50/50 with his father for the past 10 years, from 5 onwards and it works. And TRUST ME he is an incapable and useless man, but love is far more important and my son can see with his own eyes now how much I do by comparison.

JadeSkies · 19/06/2023 08:48

Tinkerbyebye · 19/06/2023 08:40

How would you feel if he asked to be the resident parent and you had less than 50/50?

why shouldn’t the kids have the same time with both of you? As adults you make it work

I think this is a good point. You’re saying that 50/50 isn’t fair on the children, but I think you really mean that you think they should be with you for the majority of the time.

OP, I know you’re at the start of a daunting (and potentially scary) process and I totally understand your fear when it comes to your children. Do surround yourself with people who can support you and give you grounding advice. Wishing you well.

QueefQueen80s · 19/06/2023 08:46

TrucksTrains · 19/06/2023 08:42

It's nothing to do with money or maintenance. I may end up paying him spousal support but the money isn't a factor in my thinking

Just my kids are v dependent on me. Co sleeping sometimes still. And DH isn't v good at day to day parenting and gets irritable with them and also does NO admin for them...

Its just a funny thing to say they're prioritising what is best for the kids and yet I'm told that unless there is abuse its 5050 as standard despite him ducking out of so much up to now.

But he's relying on you to do that now. I did all that when we were together.
When we split he had to step up and he's a much better dad and the load is lightened.

QueefQueen80s · 19/06/2023 08:45

Salvadoral · 19/06/2023 08:37

50/50 is best for the children.

It isn’t always best at all. Of the (many) families I know who share custody, there is a minority for whom this works well; for many children it’s deeply unsettling and destabilizing. For 50/50 to work, both parents need to be on friendly/respectful terms and be mature enough to put the children’s interests first at all times, which all too often isn’t the case. Family courts are deeply misogynistic and it’s naive to think custody arrangements are always made with the children’s best interests at heart.

OP, if he wants 50/50 (and presuming there’s no history of abuse, addiction, etc) he will very likely get it.

And of the many families I know who don't share 50:50, the mum is wrung out and resentful and the kids don't have a bond with their dad. Different experiences.
I can't IMAGINE not being able to see my kids an equal amount of time.

MaxwellCat · 19/06/2023 08:45

It’s not as common as people make out I don’t think, I don’t know any single mums irl who have 50/50 however I would have LOVED it if my ex wanted 50/50

cushioncovers · 19/06/2023 08:43

Depends. My children would have hated 50/50, they were far more comfortable with me in their own home. Their dad was a lazy parent who was unpredictable in his moods and he would have only ever asked for 50/50 to avoid paying CM but then would have done the absolute bare minimum in caring for them. So no not every divorce settlement is looking to award 50/50.

TrucksTrains · 19/06/2023 08:42

It's nothing to do with money or maintenance. I may end up paying him spousal support but the money isn't a factor in my thinking

Just my kids are v dependent on me. Co sleeping sometimes still. And DH isn't v good at day to day parenting and gets irritable with them and also does NO admin for them...

Its just a funny thing to say they're prioritising what is best for the kids and yet I'm told that unless there is abuse its 5050 as standard despite him ducking out of so much up to now.

OP posts:
bibbityboppityboo · 19/06/2023 08:41

My parents did the same and argued against 50/50 - as a result the bond isn't there with our dad.

In my eyes it would be perfect looking back on what we had instead, equal time with both parents would have been much more settled for us. Being shuttled about isn't always the best, but neither is spending 80% of your time with one parent and not getting to see the other one. It's worse in my experience uprooting your life for just EOW vs actually getting to feel settled in both places.

I don't think fighting it just because you don't agree with it is a good starting point tbh, you've mentioned he's a responsible dad who loves his kids - why shouldn't they get to spend just as much time with him as you? They'll be living in two homes anyway even if it's 80/20, 60/40 or 50/50.

You guys are the ones breaking up the family unit - I think as adults you'll need to remain friendly and close enough to make shared custody work, children pick up on vibes from parents so much more than some people realise.

Curtains70 · 19/06/2023 08:40

Does he know you're planning on leaving? Have you spoken about custody arrangements?

I'm not sure why you'd fight to keep the kids from their Dad unless there's a back story here.

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