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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.

Custody question

10 replies

Angeldelight21 · 26/11/2023 01:57

We have a 3 yr old and getting a divorce.

Is it always half custody what the parents get? I don't mind dad seeing our son but I want to have full custody, is it possible?

TIA

OP posts:
90yomakeuproom · 26/11/2023 01:59

Would the dad want over night stays? I'd there a reason why you don't want him to? I think 50:50 is pretty standard when people divorce

Theunamedcat · 26/11/2023 03:43

It's not the norm no

Courts tend to favour the status quo no point distressing a child unless they have too

WhamBamThankU · 26/11/2023 06:00

It's not called custody anymore. You get a lives with order. Could be lives with both so neither need to ask permission to take the child abroad, could be lives with mum spends time with dad etc.

ElevenSeven · 26/11/2023 06:04

Theunamedcat · 26/11/2023 03:43

It's not the norm no

Courts tend to favour the status quo no point distressing a child unless they have too

Not true. 50/50 is a general starting point these days.

ElevenSeven · 26/11/2023 06:05

And it’s not for you to ‘not mind dad seeing our son’. The child doesn’t belong to the mother more than the father. TBH you’ll be annihilated in court with this attitude if that’s where it goes

Bobtheamazinggingerdog · 26/11/2023 06:06

There's no such thing as full custody. It depends on many factors- will he want 50/50? Who does most of the care now? How old is the child?

millymollymoomoo · 26/11/2023 07:32

perhaps dad “won’t mind you seeing the child sometimes and he has full residency?

there’s no such thing as custody. You need to work out child arrangements. 50:50 is one option, so is a whole host of others.

but you need to reframe your mind as your child is not your possession.

Angeldelight21 · 26/11/2023 12:42

The dad is extremely unreliable and currently does 1% childcare if so. No child maintenance, nothing. But I don't want to go into that.

What I'm trying to understand is, that why is it a norm 50-50%? Now the child will live out of the suitcase? And this is beneficial for a child? Not to have a main residency?

We are both from abroad and the law seems to be very different.

OP posts:
millymollymoomoo · 26/11/2023 14:07

If its 50:50 a child can have 2 hones not living out if a suitcase.
just because he currently does that ( do you work?) doesn’t mean he can’t do 50:50 wel

of course we don’t know anything about him or your situation but 50:50 can work well. It can also be hard. But whatever, you don’t get to decide so you’ll need to work together to agree a pattern that’s in best interest of your joint child to have an equal relationship with both of you
if he wants it and can demonstrate how it can work it’s likely to be awarded

Bobtheamazinggingerdog · 26/11/2023 14:09

50/50 is the starting point but it doesn't mean that's what's in the child's interest or what will be granted.
what does the dad want?

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