Ex wants 50/50

[Leighangel]

Hi i need some advice.

Me and ex split last june after 18 yrs. We have 2 kids together. While we split he refused to leave for 10 months and i suffered a massive breakdown when he was here.

Anyway i finally got him out in march and i filed for child maintance as he had no intention on helping me with the kids at all. He then decided he wanted the kids 50/50 so kept changing child maintance when he was infact having 1 child once a week. 2nd doesnt want to go over as hes 16 soon so has a gf which is hes choice.

I live litterally a stone throws away from my daughters ( 13) school and hes moved other side of town. He doesnt drive so means bus and 20min walk to get her to school. Ive told him i dont agree as shes a pain to get up and not fair if shes late to school and gets a detention especially when buses arent reliable. I said i was happy for him to have her after school which i said would pick her up so he had more time with her and weekends when hes off. I have pretty much allowed him to have her as and when he says dispite odd days we planned something before he told me hes having her ( of course went down well)

Anyway hes kicking off again he wants 50/50 going to take me to court etc i said do it cos im litterally past caring now.

My question is does he have a chance on 50/50 when he is in debt, i now awaiting bailfts as hes refusing to pay a bill and its under my address he had a letter which my son opened and was told to just bin it, and hes admitted to me he cant afford to give our son money or even live himself as he is over £1000 in debt and is living off beans on toast. Hes not even paying full child maintance either. He just keeps saying a judge wont take my side.

Just wondered where i stood

AFAIK being in debt has nothing to do with child residency. £1000 isn’t that much debt either really.

Daughter just agreeing with both of us so dont know. She isnt thinking long run of getting up etc plus her school is moving soon so its further for her to travel.

He has said he cant afford anything so im worried my daughters going to suffer being over as he cant afford to feed himself. Especially when he has debt collectors looking for him etc

It seems very unlikely a court would award him 50/50 custody. Contact the CMS, and get an attachment of earnings.

'allowed him to have her '. wtf you don't have more rights to see your child than he does

Courts start at 50/50 and want 50/50 so unless your not going to say he's an abuser to the children then he will get it especially as your daughter is agreeing with both of you

At your daughter's age it would be almost entirely down to what she wants. Complete non starter with your son.

At both their ages court will let them decide ..

Tell them this and you will support what they want.

Also let them know it can change when they want it to .. most 13 and 16 year olds are bothered where there mates are

Do you have proof about this? I am wondering about going to court to get a change of residency (to me) for my 13 year old who wants to live with me.

Courts will start at 50/50. Be prepared for the fact that some children tell their parent what they want to hear and not what they actually want.

Yes, he could get 50/50.

Op, I wouldn’t worry, the wishes of your dc would be taken into account. You already have one dc who doesn’t want to stay with the dad, why don’t you say dd can start doing two or three week nights with dad as a trial? If she’s having to get up early and is late to school she’ll decide to live with you because it’s less stressful.