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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU? Sharing custody of a baby?

321 replies

Poppygirl96 · 13/04/2020 21:49

Me and my ex have recently split and we have a 5 month old son. Currently we are doing it where he gets our son 3 days a week and I get our son 4 days a week. But it is breaking my heart having to go without seeing our son for days. As he is so small I don’t think it’s a good idea to be constantly driving him up and down the country (me and my ex live 1hr 30 mins apart) and because of covid I also think it puts my son at risk.

My ex is a really good hands on dad and pays his fair share and wants to keep it like this. I don’t want to take him to court and lose our co parenting relationship or make things awkward. But if I did what is the likely hood of me getting primary custody?

As I don’t want to go through court just to lose to my ex or have 50/50 especially as our son is so small and I did mostly everything for him as the resident carer even before me and my ex split. Now my ex is suddenly acting more hands on and I don’t want things to be awkward between us.

What do I do? And if I don’t take him to court and just accept him keeping 3 day’s a week with my son how do I handle the separation from my son.

AIBU? I just feel like he’s so young it’s not fair on him like this and that he needs a stable and steady home especially for when he gets older.

OP posts:
Pennywort · 14/04/2020 04:52

This is a ridiculous arrangement which does not benefit your baby, and which no court would countenance. Start prioritising your child and stop letting your guilt dictate the terms of a young baby’s life. What you are currently doing is damaging.

DontStandSoCloseToMe · 14/04/2020 04:54

*Frequency of contact will depend on many factors (6), but in the absence of factors weighing against a certain level of contact, the following may be used as a framework with the contact accelerated or retarded, extended or diminished, as circumstances justify. The underlying principle should be one of an "ascending ladder" of frequency which should remain child focussed at all times. The earlier after parental separation that contact commences, then the easier it becomes for the child to understand and accept, and it establishes a pattern for the future.

In matters which are decided in court by order and where the non-residential parent is obliged to convey the child to his/her home or some other place for contact, then allowance should be made for travelling time as appropriate. Birth to 18 months: Birth is a starting point simply because one has to start somewhere, but, clearly, at a young and vulnerable age great care must be taken over contact arrangements. At an early age, children have short memories and frequent short visits are important (twice a week would be acceptable in normal circumstances). There is no reason why these visits (including some 'outings') cannot be unsupervised and they can gradually increase in length to about three hours at a time over a period.

18 months to 3 years: Established, frequent visits can now be extended to include some meals. By the age of two years, a monthly overnight stay might be possible, encouraged and supported by each parent and carefully monitored for any distress to the child, and leading to more frequent overnight stays during the latter part of this period. Three to five years: As the child moves into the third year, overnight visits can be extended to some two night week-ends, initially once a month. The maintenance of the frequency of contact is important to the child as is the timing of visits from now on. Children have an expectation that promises will be kept and that when contact is due to take place, it actually happens and at the time arranged. By the age of four, short (perhaps 2-3, extending to 3-4 days) holiday periods, especially at Christmas, Easter and during the summer, can be started.

Five to eight years: By the age of five, contact should be established, but school and other developing activities will now begin to have an impact. Weekday contact (unless the parents live in close proximity) may not be so appropriate. However, week-end staying contact can now be extended to alternate week-ends (usually from Friday evening through to Sunday evening, but not excluding the possibility of the child being taken to school on a Monday morning if suitable arrangements can be made between the parents). Holiday periods can also be extended as soon as appropriate to a week at Christmas and at Easter, half the half-term school break, and a couple of weeks during the summer. At times during which contact does not occur, letters/cards are important, and telephone calls can be useful if they can be conducted in 'private' and free from any pressure on the child.*

lyralalala · 14/04/2020 04:56

Also with regards to sids isnt the guidelines to sleep in the parents room for 6 months? Doesnt swapping households 4:3 stop that protection?

Why on earth would it? It doesn't stop the protection if one or other parent sleeps in the spare room so the house change won't make any difference

Celerysam · 14/04/2020 07:05

I'm really sorry to sound awful bit "I just fell out if love with his dad" so now I ferry a baby back and forth every few days is pretty awful.

You decided when you made the decision to have a baby that you were going to be together forever. Poor baby. Yes attachment theory does apply here. He won't be able to form solid attachments as his caregiver keeps switching.

You moved away so it's your responsibility to move back. Unless he's abusive I really think you need to move back in with him until another solution is found.

PeppaisaBitch · 14/04/2020 07:13

In order to protect your child in the future you need to maintain a good relationship with your ex. Being able to talk to him is important. It's so detrimental when parents don't get on and can't talk. Therefore I suggest you talk to him and come up with long term strategies. You are co parents. Start cooperating.
In my opinion this arrangement is a fair one. Your child needs to develop secure attachments to BOTH parents.

Mummyoflittledragon · 14/04/2020 08:05

This does not sound good For your baby. It’s against cafcass advice. The frequent travelling in the car for such a young baby is a risk. Moreover it doesn’t even fit with the current advice from the government of children changing households as infrequently as possible in the wake of Covid19.

You both need to find a better solution. This isn’t about him or you. But your baby. Your ex, who you say showed limited interest before but now wanting around 50% contact reminds me of the biblical story of splitting the baby in half.

lovelydream · 14/04/2020 08:08

YABVU

If you didn't want to share a child with it's father you shouldn't have had one. He's entitled to have just as much a role in his life as you

Bigbird32 · 14/04/2020 08:09

This sounds to me like yet another case of the parents wants trumping the well-being of the child. He's five months old! Where is his stability and routine?

My ex and I split when my dc were babies. One was a similar age to your ds and he never even had them overnight until they were toddlers.

I feel for you as it's very daunting to have to consider court action and put your life in a judges hand but I would rethink this arrangement, talk to your ex and go from there. All the travel especially at the minute isn't ideal

Sharpandshineyteeth · 14/04/2020 08:10

If it’s already happening and your son is not showing any signs of distress, a court is unlikely to break the status quo and give more custody to one parent or another and you are right, it will ruin your relationship.

Mumsnet is a funny place. It would not think twice about a parent taking a baby to a child minder or leaving him with a nanny for 8 hours a day. That would mean a baby would have two primary carers as well.

X1402 · 14/04/2020 08:12

I couldn’t do this with my baby . I think baby needs mum more than dad at this early age they’ve grown inside us for 9 months and they don’t even realise they are a separate being from you till later on. I was dragged through the court battle with my parents and they ruled 50/50 care for me and siblings when I was about 8 and it was horrendous, i used to wake up not remembering which house I was in and I had terrible anxiety and self harmed from the age of 11. So it’s not even easy at that age I don’t think you should let your ex do 50/50 Id chat to him and if not say you’ll have to go through the courts.

Aloe6 · 14/04/2020 08:12

Babies can form attachments to more than one primary carer. People telling the OP about attachment theories shouldn’t mislead her into thinking that isn’t the case.

Despite this the baby is too young to be passed from pillar to post. I doubt a court would recommend an almost 50/50 split at this age.

Umnoway · 14/04/2020 08:13

Courts almost always suggest EOW contact and one day during the week. They would not suggest a 5 month old baby is separated from its Mother half of the week.

floatygoat · 14/04/2020 08:15

WTF?!

A 5 month old baby needs one primary care giver (usually mother) to depend on and father needs to fit around this - no court will allow such a young baby to be separated from its mother like this!!!!

Stop this immediately and let him take you to court

Calvinlookingforhobbes · 14/04/2020 08:25

If he is the father you say he is, gather some evidence on attachment parenting and present it to him. Make a decision together about what’s best for you son and not for you both. Your child is not a commodity to be shared equally. Stop this today. It’s brutal. Could you, as an adult live in two houses and not feel stressed? Think about it for a tiny tiny tiny baby. Please do some research

BaronessBomburst · 14/04/2020 08:29

How many times have you handed your baby over so far?
Once? Twice?
All of a sudden your baby has gone from being always with mum, to mum disappearing and behind left with a father who until this point wasn't hands on. Is he actually caring for your baby or is his mother doing it?
It's utterly insane. This does not benefit your baby at all. Let him take you to court because they will never agree to this. By all means arrange regular contact and visits. Would days out together work, after lockdown? But not overnights with such a young child.

Staypositivepeople · 14/04/2020 08:34

Op
Why have you put your ex before your child
This is not in your child’s best interest ,not even slightly
Let the ex visit you at home ,take baby out for a walk ,then bring him back

73Sunglasslover · 14/04/2020 08:44

A child can be securely attached to more than one caregiver and I think your baby is. Attachments are vitally important but I don't think attachment theory actually says this arrangement can't work for your son.

Incrediblytired · 14/04/2020 08:48

I am concerned about the impact of this on attachment.

It’s also not sustainable.

I know it’s a tough decision but you decided together to have a baby and then to separate, they are tough decisions and the next tough decision is to decide how to meet your child’s needs. Not yours. Not your husbands.

Personally there is no way I could have been apart from my daughter at 5 months emotionally and I don’t think it’s healthy for the child either xx

justanotherneighinparadise · 14/04/2020 08:51

Wow I can’t imagine this scenario at all and no I don’t think any court would demand you do it.

NotEverythingIsBlackandwhite · 14/04/2020 08:54

But it is breaking my heart having to go without seeing our son for days.
It might be breaking your ex's heart to go without seeing his son for days too.

tenlittlecygnets · 14/04/2020 08:54

I did mostly everything for him as the resident carer even before me and my ex split. Now my ex is suddenly acting more hands on and I don’t want things to be awkward between us.

I have always been the one taking care of our son my ex could barely be bothered but now he’s acting like the most concerned parent in the world.

Bit of a change in personality, then?? Does he pay CM?

I'd be frantic at not seeing my baby half the time. Your baby needs you and a stable home life. Can you ring a family solicitor, ask for a half hour free appointment, or ring CAB? You could tell your ex that during lockdown it's not safe to be driving so much so baby will stay with you for lockdown, you will take legal advice and will be in touch.

floatygoat · 14/04/2020 08:58

* "A child can be securely attached to more than one caregiver* "

I don't think this is the case when the main caregiver suddenly disappears for several days? Hugely damaging.

Sallysshoes · 14/04/2020 08:59

With respect, you chose to end the relationship and you chose to move 90 minutes away and now you want to stop your ex partner seeing his child because you just 'fell out of love with him'. This is not fair to any parent and to all the posters on here saying that the Mother gets the priority, that's simply not true. If your ex has parental responsibility then he has as much right to your child as you do and frankly, given that you initiated all of this you're very lucky he hasn't turned around and tried to limit your contact with your son. You have no right to stop him seeing his child any more than he has the right to and the only way to do what you ask legally is to go to court. Or you can be a responsible parent and talk to your ex to discuss how the pair of you can make the best of this terrible situation for your child! But grow up and accept the consequences of your choices; you chose to have a baby with someone unsuitable for you and you chose to end that relationship. Like it or not, there are going to be times when you don't get to see your child because your ex has every right to see his baby! And if you cannot get your ex to agree to a new schedule that you both agree is best for you baby (not the two of you) then go to court but do not be surprised if the court don't just had you full custody because thankfully, the courts do understand attachment theory significantly better than the majority of posters on here.

Celerysam · 14/04/2020 09:01

The attachment issue is not that a baby can't attach to two parents. Obviously that's the case. Children form disordered attachments when life isn't calm and stable in their first 3 years of life. He doesn't know what the hell is happening. This will affect him and the way he forms relationships forever if you keep it up. He must be so frightened not knowing which house he's waking up in or where is other parent has gone.

It's selfish to have walked away under these circumstances without a viable plan. People have babies with people far too easily and walk away far too quickly without thinking of the consequences.

floatygoat · 14/04/2020 09:01

@Sallysshoes absolute bullshit.

This is a 5 month old baby you are talking about.