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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to not agree to 50/50 custody?

116 replies

Mamaspegg · 29/05/2024 11:27

Currently going through a break up after an 8 year relationship and we have a 9 month old son. My ex is in the process of buying me out on the mortgage and he'll be staying there and I've had an offer accepted on a house which is around 30 mins drive from here (I couldn't afford a house in this area so I looked closer to where my family live so I have a support system around me). My ex originally agreed to having the baby overnight on a Tuesday after nursery (3pm finish) then dropping him there Wednesday morning and having a few hours with him before dropping him home. Then Friday is his day off so he would have him all day and night Friday and drop him home Saturday. But I also said if he wants to visit him in the week he can or course, things were fairly amicable to a certain point. Now he's saying he wants 50/50 custody and won't listen to my points of the fact I would be more open to that in future, but he's 9 months old and courts don't typically agree to a 50/50 split until a child is older. But he's starting getting really confrontational about it all and won't listen to my reasons behind it. We also both work full time, me having a Monday off with the baby, baby is in nursery Tuesday and Wednesday, with my mother Thursday, then with him on a Friday. I want us to come to an agreement but he's so stubborn and is settling for nothing less.

I've just gone back to work from maternity leave so on top of going through a break up, applying for a new mortgage, getting used to seeing DS less while working, I now have court mentioned. Please be gentle with me 😅 I'm not doing anything to spite him I just think a 50/50 split so young wouldn't be beneficial, and this won't last forever but DS is currently in a very clingy phase with me and will only settle for me in the nights etc and it's just adding to my anxiety of being away from him so much.

OP posts:
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Bearbookagainandagain · 30/05/2024 06:10

He is the child father, and is entitled to make decisions about their life the same way you do. Why would you get to decide and he's just "stubborn"?

If you feel 50/50 isn't the best for your baby, why don't you leave him be the resident parent and you can see your little on on Mondays and Saturdays?

catlady7 · 30/05/2024 01:16

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Nottherealslimshady · 29/05/2024 23:28

I don't think 5050 is good for children. DS is 3 and has been 5050 around a year. It is just so unsettling. But ex has "rights". Don't start it if you can help it, it's practically impossible to stop it and it's heartbreaking seeing it affect your child.

Fair to the parents isn't necessarily best for the child. I wish court's put children first.

Snugglemonkey · 29/05/2024 23:28

TheBottomsOfMyTrousersAreRolled · 29/05/2024 23:24

She said exclusively breastfed. Op’s child sill be eating food as well as milk

As is mine, but they still need their milk!

TheBottomsOfMyTrousersAreRolled · 29/05/2024 23:24

Snugglemonkey · 29/05/2024 21:16

Why would you assume a 9-12 month old is not breastfed?

She said exclusively breastfed. Op’s child sill be eating food as well as milk

Snugglemonkey · 29/05/2024 21:16

KarmenPQZ · 29/05/2024 14:28

Of course he didn’t, OP was on maternity leave. What do you think maternity leave is for.

that said I think it’s difficult once a parent (usually dad) disengages it’s hard to get them to re-engage with their children so unless you’re exclusively breastfeeding (which I’m assuming isn’t the case for a 9-12 month old) it actually might be better in the long run for the child to be 50:50 with each parent. Especially if the dad is staying in the house then that will make any transition easier the more thine they spend there.

given the opportunity anyone can get a child to settle. Children learn very quickly to nap at nursery or with other carers. They expect different bedtime / naptime routines off different people very quickly.

big hugs to OP for what will be a tricky transition for her I’m sure.

Why would you assume a 9-12 month old is not breastfed?

Ponoka7 · 29/05/2024 17:57

Lampslights · 29/05/2024 12:35

Hmmm, think you’re being biased, very few are able to do 50 50 during new born due ti mat leave and I’m sure you know that,

and can you link to where courts refuse equal shared custody ?

The norm is Mum as primary carer, upto 12 months, then a build up. It's best practice to follow the baby's needs, which is to continue with the primary parent until there's a level of understanding that parents come back. Attachment needs to be built.

Naunet · 29/05/2024 16:39

itsgettingweird · 29/05/2024 15:38

But why is the assumption the mother is primary carer?

As long as a child is loved and cared for attaché,ent needs can be met under any circumstance.

That's why children can be adopted by single parents and same sex parents.

The idea that only a mother will do went out ages ago.

But why is the assumption the mother is primary carer?

Err, because nature?!

Blackandwhiteandreadallover · 29/05/2024 16:23

My DC were much older than yours when I separated from their dad, OP, so it's not really comparable. However, my solicitor advised me that if XH was in a position to provide 50% of the care, then a court would grant 50/50 and it was a waste of money fighting it unless I could prove abuse.

It is my understanding that 50/50 is the starting point for all negotiations.

9 months sounds very young to me for a 50/50 arrangement. However, it might be a good idea to look at the options for schedules. XH suggested week on/week off, which I felt was too much time apart and also a major headache in terms of wraparound care. DC were in upper stages of primary school at the time.

We settled on a 5-5-2-2 schedule, which (for us) means Mon & Tues night at one home, Weds & Thurs night at the other, and then alternate weekends (Fri, Sat & Sun night). There are apps and websites that let you look at possible schedules based on your % share of care.

I would probably be more open to week on/off now DC are both at secondary but, at the moment, everyone is happy with the current schedule. It's important to DC to feel that they get equal time with both parents. DC1 grumbles about XH a bit, but not enough to want to change the schedule.

Votersswing · 29/05/2024 15:41

"owed more"

I don't think it's a case of a parent being owed more or less. It's about the child and what is right for the child.

itsgettingweird · 29/05/2024 15:38

lovelysunshine22 · 29/05/2024 13:39

He doesn't want to pay child support! Its not in a babies best interest to be away from their mother 50% of the time at such a young age! Tell him to go ahead and take you to court, he won't get what he wants!

But why is the assumption the mother is primary carer?

As long as a child is loved and cared for attaché,ent needs can be met under any circumstance.

That's why children can be adopted by single parents and same sex parents.

The idea that only a mother will do went out ages ago.

Dakotabluebell · 29/05/2024 15:34

TomatoSandwiches · 29/05/2024 15:06

Not at 9 months old no.
Increasing time with the other parent to achieve 50:50 is absolutely something that needs to revised occasionally but a 9 month olds best interests are served ultimately by spending more time with it's main carer.
I would find it cruel to inflict that on an infant this young.

Edited

When you say main carer, you mean mother, don't you?

Dakotabluebell · 29/05/2024 15:33

If a baby can only be cared for by it's mother how does that work with putting them into childcare? Just curious.

Errors · 29/05/2024 15:33

All those saying that 50/50 is NEVER good for the child, regardless of age - what are you basing that on exactly? And what should be the alternative?

If you have two parents who are equally giving care, equally good parents, who get on and live close by and stick to a routine, what would be better than that for the child?? Living solely with mom and not getting a relationship with their dad whom they may absolutely adore? Or should people just not split up, not matter how nasty their living conditions may have been? Should you instead muddle through and demonstrate dysfunctional relationships to your child?

TomatoSandwiches · 29/05/2024 15:06

Not at 9 months old no.
Increasing time with the other parent to achieve 50:50 is absolutely something that needs to revised occasionally but a 9 month olds best interests are served ultimately by spending more time with it's main carer.
I would find it cruel to inflict that on an infant this young.

Ciderlout · 29/05/2024 15:03

shearwater2 · 29/05/2024 14:52

Because the fucking twats they are divorcing on here are most definitely not into sex equality and that's usually why they are getting divorced, because they do absolutely fuck all as fathers and they are just going for 50/50 to avoid maintenance.

My dad was great. DH is great.

Most women get a divorce because their exH is a fucking useless father and a fucking useless husband. A clue: they are not going to start being great after divorce.

All this OH KIDS TURN OUT GREAT WHEN PARENTS ARE AMICABLE AND DO 50/50 LALALALALA Try being amicable with a FUCKING ARSEHOLE.

Edited

For someone that says you have a great father and DH, you’re getting very aggressive. You have good relationships with them but adamant that men can’t be trusted with their kids….

If your DH had an affair and left you, are you saying you wouldn’t agree to shared care despite saying he’s great dad? If he is a good dad, you wouldn’t have a
problem with it surely?

No one said feckless fathers should get shared custody and I specifically said that.

SwedeCarrotLimes · 29/05/2024 14:58

PP have mentioned 50/50 not being ideal for children but surely in this instance it's better than the current arrangement?

DC at OP Monday, ex Tues/Wed, grandmother Thurs, ex Fri/Sat, and finally OP Sat/Tue.

How is that any less disruptive than Mon/Wed ex, Thu/Sun OP alternating? I can see how frustrating it would be for ex as he never gets a day with DC where he's not collecting or dropping DC from your house?

Mamaspegg · 29/05/2024 14:57

Wow, I didn't expect all these comments! Thank you to all those who were understanding. I have made many suggestions to my ex, but he's not happy with any of it but hasn't exactly given me a set plan of what he wants so I don't think he's thought it through as much as he said. There isn't resentment as much as there may sound like it. We know we aren't coming to an agreement on this atm, but we are still communicating and we are sad that things haven't worked out and want to do what's best for DS. Also for the comments about money, this is nothing to do with me not wanting 50/50 for money reasons, I've not even looked into that yet so didn't know it was a thing! This is my son we are talking about. With the money side of things, what will be will be. Seems like a lot of views here with one extreme to the other, but it's given me some insight. Thanks all x

OP posts:
shearwater2 · 29/05/2024 14:56

Ciderlout · 29/05/2024 13:52

I have no idea who has previously cared for the baby but that’s neither here or there. The fact they’ve split up now means they’ll both have to care for their child. The child doesn’t belong to the mother so they’ll have to come to an agreement or the court will decide and being ‘mam’ won’t win hands down.

Edited

She has been on maternity leave so she would have been doing most of it.

shearwater2 · 29/05/2024 14:53

TomatoSandwiches · 29/05/2024 14:52

Like I said previously, if op has had 9 months of caring for her baby and it wasn't shared leave with her ex then the reality is that she is currently the main carer.
What are you struggling to understand about that?

Exactly!

TomatoSandwiches · 29/05/2024 14:52

Lampslights · 29/05/2024 14:50

Are you unable to grasp that being a main carer now doesn’t mean the op always has to be the main carer?it feels you are struggling.

Like I said previously, if op has had 9 months of caring for her baby and it wasn't shared leave with her ex then the reality is that she is currently the main carer.
What are you struggling to understand about that?

shearwater2 · 29/05/2024 14:52

Ciderlout · 29/05/2024 14:39

This 👏👏👏

Because the fucking twats they are divorcing on here are most definitely not into sex equality and that's usually why they are getting divorced, because they do absolutely fuck all as fathers and they are just going for 50/50 to avoid maintenance.

My dad was great. DH is great.

Most women get a divorce because their exH is a fucking useless father and a fucking useless husband. A clue: they are not going to start being great after divorce.

All this OH KIDS TURN OUT GREAT WHEN PARENTS ARE AMICABLE AND DO 50/50 LALALALALA Try being amicable with a FUCKING ARSEHOLE.

Lampslights · 29/05/2024 14:50

TomatoSandwiches · 29/05/2024 14:49

It's not about mums or dad's rights It's about what's best for the child, the child in this case is only 9 months old and being away from his main carer 50% of the week is arguably not in his best interests.

If we has a system like Sweden and both parents had equal time off together I would be more agreeable to 50:50 split so long as it wasn't as disruptive as what ops ex has asked for.

I'm not interested in what mum or dad wants, it's the child that this needs to work for.

Are you unable to grasp that being a main carer now doesn’t mean the op always has to be the main carer?it feels you are struggling.

Lampslights · 29/05/2024 14:49

theholesinmyapologies · 29/05/2024 14:32

Without fail, all the very young children I have known in the primary schools I've taught in have struggled mightily when they were subjected to 50/50. They were quite stressed by it.

Sigh all this anecdotal nonsense,

I understand this is mumsnet, and I’m a mother myself. But posting shite isn’t going to help the op.

whats important is can the father provide care for the child to a required standard , how much does their work impact, do they have the living arrangements etc.

if the answer is yes he can produce the right level of care, can house, can manage round his job then a court will say he can have fifty fifty.

all the well the kids I knew, or she’s the mum, or babies need their mums in the world won’t change it. He is as a starting point entitled to 50 percent of the parenting and the op doesn’t get to take it off him.

if she can prove it is detrimental, then she stands a chance. Maybe some of the posters with their anecdotes can help her with that.

TomatoSandwiches · 29/05/2024 14:49

wendycupcakes · 29/05/2024 14:41

100% agree with this but it's mums net dad's don't have any rights on here.

It's not about mums or dad's rights It's about what's best for the child, the child in this case is only 9 months old and being away from his main carer 50% of the week is arguably not in his best interests.

If we has a system like Sweden and both parents had equal time off together I would be more agreeable to 50:50 split so long as it wasn't as disruptive as what ops ex has asked for.

I'm not interested in what mum or dad wants, it's the child that this needs to work for.