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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:
wendycupcakes · 29/05/2024 14:47

vivainsomnia · 29/05/2024 14:34

Suggest you have Saturday Sunday and Monday and let him take care of paying for 4 days of childcare. He will soon change his tune
I really despair reading threads like this.

How do women expect men to be more open to sex equality when so many still think that when it comes to children, women are better raising them and should have more right on the basis of their sex.

There are many dads who are just as capable looking after and bringing up their children from birth. It's not just a woman's gift.

I see it around me a lot, men wanting to be involved as much as their partner or as much as they can around their work duties and doing so just fine.

Even my dad, 50 years ago was naturally very nurturing, more than my mum in many ways and was perfectly capable of looking after me as well as my mum.

It's more than time to break the stereotypes associated with women but with men too. Shame on many posters to show such biased when it suits their narrative.

This well said totally agree.

Look at the child's needs and not the bank balance that you won't get if it's 50/50.

wendycupcakes · 29/05/2024 14:41

DaisyChain505 · 29/05/2024 12:21

This man is the other parent to your baby. He should be able to be an equal parent and 50/50 isn’t unreasonable.

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

Ciderlout · 29/05/2024 14:39

vivainsomnia · 29/05/2024 14:34

Suggest you have Saturday Sunday and Monday and let him take care of paying for 4 days of childcare. He will soon change his tune
I really despair reading threads like this.

How do women expect men to be more open to sex equality when so many still think that when it comes to children, women are better raising them and should have more right on the basis of their sex.

There are many dads who are just as capable looking after and bringing up their children from birth. It's not just a woman's gift.

I see it around me a lot, men wanting to be involved as much as their partner or as much as they can around their work duties and doing so just fine.

Even my dad, 50 years ago was naturally very nurturing, more than my mum in many ways and was perfectly capable of looking after me as well as my mum.

It's more than time to break the stereotypes associated with women but with men too. Shame on many posters to show such biased when it suits their narrative.

This 👏👏👏

Ciderlout · 29/05/2024 14:36

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.

Of all the kids I’ve known personally oner the years - most are teenagers/adults now are well adjusted and doing well.

To be fair that’s because in the scenarios that I know of, all of the parents get on and are more than amicable. I think if there is resentment there and the parents don’t get on then the kids will feel it and it won’t be as easy.

determinedtomakethiswork · 29/05/2024 14:36

It sounds as though he's realised he won't have to pay child support that way. No way should a nine month old baby be split between two houses.

vivainsomnia · 29/05/2024 14:36

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
And you'll find many research telling you exactly the opposite.

vivainsomnia · 29/05/2024 14:34

Suggest you have Saturday Sunday and Monday and let him take care of paying for 4 days of childcare. He will soon change his tune
I really despair reading threads like this.

How do women expect men to be more open to sex equality when so many still think that when it comes to children, women are better raising them and should have more right on the basis of their sex.

There are many dads who are just as capable looking after and bringing up their children from birth. It's not just a woman's gift.

I see it around me a lot, men wanting to be involved as much as their partner or as much as they can around their work duties and doing so just fine.

Even my dad, 50 years ago was naturally very nurturing, more than my mum in many ways and was perfectly capable of looking after me as well as my mum.

It's more than time to break the stereotypes associated with women but with men too. Shame on many posters to show such biased when it suits their narrative.

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.

SonicTheHodgeheg · 29/05/2024 14:28

GabriellaMontez · 29/05/2024 14:16

This.

I also dont think it's as common as some posters on here would have you believe.

I think it’s only common on here because dad's next wife/gf is more likely to post on here and she’s the one doing the parenting while dad goes to work as he always did.

KarmenPQZ · 29/05/2024 14:28

Ponoka7 · 29/05/2024 12:31

Did he do 50/50 parenting during the newborn stage and while you were on maternity leave? Courts generally agree, because of evidence based research that Mum's are the primary parent, under 12 months old and often up to 18 months. I'd let it go to court to build up to a even split. However it is better for a child to have a primary home and parent. Constant, unchanging access/routine is needed while the child is under 5. It sounds as though you will need the court to sort this out. You can get holidays written into the agreement, so Birthdays/Christmas/Mother's/F day and holidays away are clearly set out.

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.

flowergirl2020 · 29/05/2024 14:27

If 50/50 doesn't work you could always alter it. Its not ideal to be chopping and changing but its also really difficult to guess what will suit and things will be fluid with regard to your jobs and what is best for your little one. From your OP your ex has him three days in the original proposal (albeit a good portion of 2 days is nursery) so its not a million miles away for 50/50 as it is in terms of day to day care. Xx 30 mins travel though is something to factor in at a young age after a long day at nursery it's potentially better to stay at the house of whichever parent collects them from nursery rather than switch in the evening xx

Ciderlout · 29/05/2024 14:27

TheBottomsOfMyTrousersAreRolled · 29/05/2024 14:23

That is hilarious. A decent dad will do what is best no or the child.

Ok so what if the dad wanted to be the main carer? If you don’t think 50:50 is fair? I assume you’d have an issue with that?!

Having a relationship with two loving parents is always better for the child.

TheBottomsOfMyTrousersAreRolled · 29/05/2024 14:23

Ciderlout · 29/05/2024 14:21

I agree with that but it’s most likely because the dads are shit and aren’t capable of 50:50 or don’t want it.

It’s the descent dads that will push for it as they want to spend as much time with their DC.

That is hilarious. A decent dad will do what is best no or the child.

TheBottomsOfMyTrousersAreRolled · 29/05/2024 14:22

I doubt he will get 50/50. But think long term too. Dont give him all the weekend. Dont take all the weekend. Be ready to suggest a 50/50 split that will work best for a baby, not the adult.

Ciderlout · 29/05/2024 14:21

GabriellaMontez · 29/05/2024 14:16

This.

I also dont think it's as common as some posters on here would have you believe.

I agree with that but it’s most likely because the dads are shit and aren’t capable of 50:50 or don’t want it.

It’s the descent dads that will push for it as they want to spend as much time with their DC.

GabriellaMontez · 29/05/2024 14:19

Lampslights · 29/05/2024 11:54

It’s difficult op. He has every right to be an equal parent, and unless there is additional needs you’ve not said. A court will go for equal custody if both parents are able.

It's not about his rights. It's about what's best for the baby.

A court will go for equal custody if both parents are able.

Please evidence this.

GabriellaMontez · 29/05/2024 14:16

VickyEadieofThigh · 29/05/2024 11:30

I'll probably get flamed for this - but I don't think 50-50 is good for children at all and even more so if they're under secondary age.

This.

I also dont think it's as common as some posters on here would have you believe.

newyearsresolurion · 29/05/2024 14:15

The baby is too young . He could be breastfeeding. Let the courts decide

Spirallingdownwards · 29/05/2024 14:08

Suggest you have Saturday Sunday and Monday and let him take care of paying for 4 days of childcare. He will soon change his tune.

Spinet · 29/05/2024 14:05

OP it might be worth revisiting where you both live. If it's possible to bring things back to a civilised conversation at this point, it may be worth trying to be as close geographically to each other as you can, whether that means you getting a smaller place near him, or both of you moving. That way 50/50 when it happens will be easier on your son (and on you all) and he can have more of a say in where he sleeps as he gets older. And your offer to pop in and visit when he wants might hold more water with him.

IdgieThreadgoodeIsMyHeroine · 29/05/2024 14:04

Are you breastfeeding, OP? If so, that's the only thing that could work in your favour.

However, you say your son only settles for you at night, but the original plan was for your ex to do 2 nights a week, so your son will have to learn to settle for him, anyway.

Also, do you and your ex each work a day at the weekend? If not, you don't both work full time, you both work part-time, since you each have a day off during the week. Not necessarily relevant, but it shows you've each changed your working patterns to spend time with your son, which suggests that, now your maternity leave has finished, you spend equal amounts of time with your son, and so it makes sense to have equal custody.

Ciderlout · 29/05/2024 14:02

clearskies24 · 29/05/2024 13:56

He is extremely unlikely to get 50/50, there is a general consensus on mumsnet that this is norm now but it really isn't, I'm saying this as someone who has recently been through the court system and works in a related area. Most couples who do 50/50 do so because they are at least reasonably amicable and agree to it without going through the courts. My barrister told me there was no chance my ex would get anywhere near 50/50 of our child (I was terrified mainly because of what I'd read on Mumsnet!) He didn't. Nowhere near.

I know of several couples thy have been to court and 50:50 was always the starting point. It might have ended up 60:40 but that’s was due to logistics/working patterns.

Unless there is abuse etc then there it’s very much a starting point.

TomatoSandwiches · 29/05/2024 14:01

Unless he took extra paternity leave or it was shared leave then it's correct to go on the basis you had 9 months maternity that you are the main carer for your shared 9 month old baby, that's just the reality.

I think I read somewhere that children can cope with being away from their main carer a day for a year so at 9 months I do not think 50/50 is in his best interests.

2 nights maximum at 9 months old with dad And even then I feel like that's pushing it tbh.

The split he has proposed is too fractured either way, even for an older child it's too much and only suits dad, no though to the child.

I would talk to a solicitor and see what they advise.

I don't envy you.

RoseGoldEagle · 29/05/2024 14:01

I also can’t ever see how 50/50 is in a child’s best interest, at any age really, I’d hate to do it as an adult. Though obviously the younger the child the more unsettled they’re likely to be- I’m not necessarily sure it suddenly gets better aged 2 or 3 though. I think you’re right to push back on it OP.

lovelysunshine22 · 29/05/2024 14:00

@clearskies24 at last someone talking sense! 9 months is far to young to go 50/50!