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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Child custody of 2 yr old

9 replies

Vickyglitz · 11/02/2021 18:09

What are the chances of father getting 50% or more if he smokes pot, does not care for the child at all (mother does all care including meals, bed, bath, spends all weekend with child while father watches TV), and a non mol is in place?

My soon to be ex has nothing to do with our daughter but wants 50%+. He has been abusive towards me and continues to be

OP posts:
Cabinfever10 · 11/02/2021 20:46

It would depend on many things including whether he is on the birth certificate or not (easier for you if not), the reason for the non mol order, evidence of drug use and whether he has been abusive to or in front of your dd. But most of all whether he is capable of the effort to actually take you to court which takes months pre covid and worse now.
From your description of your ex I suspect that this is a scare tactic to stop you from leaving which is a very common tactic though in reality they rarely have any interest in custody. Do you believe that he would hire a lawyer do mediation and then apply to the court and engage with cafcass etc. That's of he's on the birth certificate if not 1st he would need to go to court to get parental rights and then go through the rest.
Try not to worry to much Flowers

superwoman232 · 13/02/2021 13:12

@Cabinfever10 he wants 2 weeks on 2 weeks off - is that reasonable? I think that's mad

Cabinfever10 · 13/02/2021 15:14

No it isn't and will never happen with a child so young. In most cases there is usually a resident parent who has more time with the child even if it's 60/40 split. That said most people end up with the non resident parent getting every other weekend and maybe 1 evening mid week.
As you are the primary care giver you will be resident parent.
Make sure that the child benefit is in your name as that in the eyes of the court and government proves that your the resident parent and allows you to claim UC for them to.
Have you registered with a nursery or school?
Would your stbex be capable of getting her to either?
The courts look for what is in the best interests of the child not what 1 parent wants and taking a small child away from there primary care giver for 2 weeks every 2 weeks would be confusing and traumatic so the courts won't grant it.
I would offer every other weekend Saturday am to Sunday pm and not budge from that maybe offer 1 mid week visit when he can discuss things reasonably or can consistently engage with contact with a view to him picking dc up from school on his Friday and returning them to school on a Monday morning (obviously when dc is school age).
If he refuses to agree or propose a reasonable alternative then he needs to take you to court.
Are you and your dd safe?

superwoman232 · 13/02/2021 17:59

@Cabinfever10 no we have a nanny. I am the primary carer as he doesn't do anything but occasionally put music on for her. How do I prove this?

PS thank you for your advice

Cabinfever10 · 13/02/2021 18:18

When you say you have a nanny is that for child care whilst you both work or more to support you to care for her (no judgement ment either way). Does the nanny live in or out of your home.
Who was at all of your dds health visitor appointments?
Are you still in contact with your health visitor.
You said that stbex has a non mol order against him did you get it or someone else? Are you safe?

AubergineDream · 13/02/2021 18:23

I think it's incredibly unlikely but not quite an actual 0% even though it really fucking should be!

superwoman232 · 13/02/2021 19:43

@Cabinfever10 I'm safe :)

Yes it's to support us both while we work. He currently doesn't work but will start. When nanny leaves I am with the child and also all weekend. He feeds her no meals no bed time etc. he just watches tv or is out of the house doing god knows what. The non mol is not in place yet but I want one

superwoman232 · 13/02/2021 19:43

@Cabinfever10 we don't have contact with HV. If the doctor appointments are during the day then nanny takes the child. Nanny sees he is never home.

BingBongToTheMoon · 13/02/2021 19:48

You got lots of good replies on your previous thread.
Although you did drip feed in the drug use when it wasn’t going your way....

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