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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.

Is this 50 / 50 custody?

61 replies

Divorceguilt · 11/09/2023 16:18

So I have our child every day during the week, I pick him up from school. So I have him Monday and Monday night, Tuesday and Tuesday night, Wednesday and then his dad will sometimes take him on a Wednesday night and then I will have him Thursday and Thursday night and then Friday all day , then his dad picks him up on a Friday after work and keeps him all weekend and then drops him to school on a Monday.
Would this be seen as his dad having him more than me as he would have him 4 nights that particular week?
Even though technically I have him all day for 5 days , does that not matter and is it only based on how many nights we have him?
Basically I'm happy for us to be having our child 50 50 but I don't want his father to be having him more than me or to be viewed as the main carer.
What would 50 50 look like on this situation?
One week he has him 4 nights , the next week I have him 4 nights and so on?
Sorry to be so precise about it but I feel like I'm his mother and should be his main carer.

OP posts:
Mademethink · 11/09/2023 16:20

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Divorceguilt · 11/09/2023 16:21

I would also add I have our son all day every day during the Summer hols and any mid term breaks when he's not at school. His dad works and never takes annual leave during school holidays.

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Mademethink · 11/09/2023 16:22

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Mademethink · 11/09/2023 16:23

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Divorceguilt · 11/09/2023 16:24

@Mademethink it's actually my ex who isn't getting weekends free at the minute. As I have him all week pretty much, my ex takes him at weekends.
I'm open to suggestions tho, this is just how it has ended up.

OP posts:
Divorceguilt · 11/09/2023 16:25

@Mademethink I work in a school during school hours and am off for school holidays

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Divorceguilt · 11/09/2023 16:28

@Mademethink I feel like I have him more though, do you mean my ex has him more on the weeks he has him 4 evenings? Even though I have him 5 days and 3 nights?
Sorry , just trying to get it straight on my head as I'm struggling with what percentage we have him each if my ex has him 4 nights and 2 days at the weekend and I have him 3 nights and Monday through Friday during the day.

OP posts:
FSTraining · 11/09/2023 16:29

@Divorceguilt You being the mother does not make you the main carer. The courts would never take a gendered approach like this. The main carer is the person providing more care, whether that's the mother or the father.

Your arrangement is unorthodox and might become unworkable. You will find it hard to work and he will rotate between working and being a single parent with no respite.

Divorceguilt · 11/09/2023 16:30

Sorry that sounded confusing, basically my ex has him 4 nights , Wed, Fri, Sat and Sun night including Sat and Sun during the day.
I have him the rest of the time ..

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FSTraining · 11/09/2023 16:31

Divorceguilt · 11/09/2023 16:28

@Mademethink I feel like I have him more though, do you mean my ex has him more on the weeks he has him 4 evenings? Even though I have him 5 days and 3 nights?
Sorry , just trying to get it straight on my head as I'm struggling with what percentage we have him each if my ex has him 4 nights and 2 days at the weekend and I have him 3 nights and Monday through Friday during the day.

The calculation is done on nights, so technically he "has them more" and he could in theory claim CMS from you.

Mademethink · 11/09/2023 16:32

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Mademethink · 11/09/2023 16:33

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Mademethink · 11/09/2023 16:34

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Mademethink · 11/09/2023 16:35

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GingerIsBest · 11/09/2023 16:39

Well, I'd say that based on nights, yes, your ex has him more. And if he's in school 5 days a week and you never have him on the weekend, then yes, in absolute terms, your ex has him more too. Admittedly, you having him all day during school holidays might slightly change that, but on a day to day basis, your ex is doing more care.

fiddlesticksandotherwords · 11/09/2023 16:42

Well, over a year, then clearly you have your dc more than 50/50 when school holidays are taken into account.

Ibetthatyoulookgoodon · 11/09/2023 16:47

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Out of interest, surely that means it's never 50/50? Given a week is not divisible by 2?

Mademethink · 11/09/2023 16:48

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mycoffeecup · 11/09/2023 16:50

Rubbish for you - you get the stress of the school days and no fun time with him at the weekends

Thatladdo · 11/09/2023 16:54

CMS is classed as sleeping/nights, thats who could claim the Child Benefit and therefore the primary carer AFAIK

I dont know that CB can be split 50/50?

Laurdo · 11/09/2023 16:59

What's your motive for working this out? Are you trying to work out if he owes you money? Who should claim child benefit?Or work out school catchment areas?

Why are you so bothered about being classed as the main carer. Why shouldn't his dad be the main carer?

Aside from holidays, based on overnights it seems to be 50/50. But if he's at school Monday-Friday on your days then his dad is probably spending more time with him as he has the entire weekend.

Laurdo · 11/09/2023 17:02

Thatladdo · 11/09/2023 16:54

CMS is classed as sleeping/nights, thats who could claim the Child Benefit and therefore the primary carer AFAIK

I dont know that CB can be split 50/50?

CB can't be split. We have 50/50 custody, week on week off including holidays. Only one parent can claim CB. DHs ex claims it because she's on a lower income and it wasn't worth the hassle of not letting her claim it.

Isyesterdaytomorrowtoday · 11/09/2023 17:03

Does this pattern stay the same in school holidays? If so then it’s based on nights - 4 nights per week = 57% of the year

Divorceguilt · 11/09/2023 17:04

@Laurdo yes I trying to work out who will owe who money and call me old fashioned but as the mum, I want to be the one that has him the most.

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WhamBamThankU · 11/09/2023 17:05

It seems quite calculated of you to be perfectly honest. You're only wanting to change things for perception and money.

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