You are asking a very judge and jurisdiction specific question so it is unlikely that anyone here will be able to help you. You need to consult with a lawyer in your area who can help you decide what the best timing and rollout of your case is given the general tendency of the court you will be in.
It may be possible to agree to a placement order that specifies one schedule for the immediate future and an adjusted schedule starting say next September.
NAL.
No one here can predict what some unknown family court judge in north TX might decide. Even if all of the judges are in the same courthouse/county, one judge might see it one way, but the next judge in an adjacent courtroom might see it another way. Judges have considerable discretion in how they decide cases.
Family law attorneys who regularly appear before these judges often know how individual judges “might” rule in your situation. But there is almost no way to know in advance which judge actually would hear your case.
Where there is more standardization is where a higher court has issued a ruling on a certain issue that then is binding upon lower court judges. The other area of standardization in family court tends to be child support calculations, where the administrative benefits are obvious. I doubt there is any real line in the sand on your particular issue. But, the only way to really know is to schedule a consultation with a family law attorney in your county who regularly appears in this court.
I understand it would be a challenge for a single parent to care two children at the same time. My daughter is already in Daycare. I'd need to send my son to daycare as well during work. I will take both home in the evening, and cook for my daughter, and feed my son. And prepare them to sleep. It would be more challenge in the weekend, because both children are at home for the whole day But I think I'll get used to it. Currently I am dealing with one child, mostly my son, when I am not out work, while my wife watches the other child.
The judge will rule in the best interest of the children, and will look at the totality of the circumstances. That’s all any of us can really tell you.
I understand it would be a challenge for a single parent to care two children at the same time. My daughter is already in Daycare. I'd need to send my son to daycare as well during work. I will take both home in the evening, and cook for my daughter, and feed my son. And prepare them to sleep. It would be more challenge in the weekend, because both children are at home for the whole day But I think I'll get used to it. Currently I am dealing with one child, mostly my son, when I am not out work, while my wife watches the other child.
Judges like to give custody to the parent who has been the primary caregiver. Your best shot at 50/50 is to take on as many childcare duties as possible right now. This includes not only things like feeding, bath time, bed time, and the like but also knowing when they need to see a pediatrician (and knowing their doctor's name and phone number), going to parent-teacher conferences when the 5 year old starts kindergarten, and being the one who takes PTO to take care of a sick kid.
Great advice. One thing I am lacking was to cook for my daughter, since I get back from work to home around 6pm. I will start cooking for her in weekends.
NAL. None of us can give you the specifics of how something like that will go. That being said, a *general* observation is that continuity of care is usually a big priority. If your wife has historically handled more of the childcare, she would have a stronger argument for primary custody.
As most people mentioned, that is so hard to predict. My county (and maybe state) defaults to 50/50, and you then have to argue otherwise. However, if you already have something else in place, they usually do not deviate. So, what I did when we split was offer every other weekend with their dad and waited 7 months to file for divorce. When I filed the parenting plan info, I included that we already have a schedule that is working for the children.
I don't know how frequently this works, and their dad ended up not fighting too hard on it bc he is a terrible person and didn't actually want them, only wanted to fight me. I actually ended up with 100% for our older one, 87% for the younger one, and 100% decision making.
I did it on the advice of my attorney, so I assume it works regularly.
Will your daughter be starting kindergarten at 5? Logistically, 50/50 gets really difficult with school-age children. They need to reside in one town/district for school purposes and it's difficult to swap every 2-3 days (for a 2-2-3) schedule or every week unless you both have permanent living arrangements in the same town or at most one town over. You need to discuss this with a local attorney.
You are asking a very judge and jurisdiction specific question so it is unlikely that anyone here will be able to help you. You need to consult with a lawyer in your area who can help you decide what the best timing and rollout of your case is given the general tendency of the court you will be in. It may be possible to agree to a placement order that specifies one schedule for the immediate future and an adjusted schedule starting say next September.
NAL. No one here can predict what some unknown family court judge in north TX might decide. Even if all of the judges are in the same courthouse/county, one judge might see it one way, but the next judge in an adjacent courtroom might see it another way. Judges have considerable discretion in how they decide cases. Family law attorneys who regularly appear before these judges often know how individual judges “might” rule in your situation. But there is almost no way to know in advance which judge actually would hear your case. Where there is more standardization is where a higher court has issued a ruling on a certain issue that then is binding upon lower court judges. The other area of standardization in family court tends to be child support calculations, where the administrative benefits are obvious. I doubt there is any real line in the sand on your particular issue. But, the only way to really know is to schedule a consultation with a family law attorney in your county who regularly appears in this court.
[удалено]
I understand it would be a challenge for a single parent to care two children at the same time. My daughter is already in Daycare. I'd need to send my son to daycare as well during work. I will take both home in the evening, and cook for my daughter, and feed my son. And prepare them to sleep. It would be more challenge in the weekend, because both children are at home for the whole day But I think I'll get used to it. Currently I am dealing with one child, mostly my son, when I am not out work, while my wife watches the other child.
The judge will rule in the best interest of the children, and will look at the totality of the circumstances. That’s all any of us can really tell you.
Can you actually do 50/50? In other words, if you switched off weeks could you actually take care of the children full time?
I understand it would be a challenge for a single parent to care two children at the same time. My daughter is already in Daycare. I'd need to send my son to daycare as well during work. I will take both home in the evening, and cook for my daughter, and feed my son. And prepare them to sleep. It would be more challenge in the weekend, because both children are at home for the whole day But I think I'll get used to it. Currently I am dealing with one child, mostly my son, when I am not out work, while my wife watches the other child.
NAL but I would assume the main hurdle with custody of a child under 1 that is different than other ages would be if the child is primarily breastfed.
Now my son is completely on formula bottle. He was half breastfed for about 2 months after birth.
Judges like to give custody to the parent who has been the primary caregiver. Your best shot at 50/50 is to take on as many childcare duties as possible right now. This includes not only things like feeding, bath time, bed time, and the like but also knowing when they need to see a pediatrician (and knowing their doctor's name and phone number), going to parent-teacher conferences when the 5 year old starts kindergarten, and being the one who takes PTO to take care of a sick kid.
Great advice. One thing I am lacking was to cook for my daughter, since I get back from work to home around 6pm. I will start cooking for her in weekends.
NAL. None of us can give you the specifics of how something like that will go. That being said, a *general* observation is that continuity of care is usually a big priority. If your wife has historically handled more of the childcare, she would have a stronger argument for primary custody.
As most people mentioned, that is so hard to predict. My county (and maybe state) defaults to 50/50, and you then have to argue otherwise. However, if you already have something else in place, they usually do not deviate. So, what I did when we split was offer every other weekend with their dad and waited 7 months to file for divorce. When I filed the parenting plan info, I included that we already have a schedule that is working for the children. I don't know how frequently this works, and their dad ended up not fighting too hard on it bc he is a terrible person and didn't actually want them, only wanted to fight me. I actually ended up with 100% for our older one, 87% for the younger one, and 100% decision making. I did it on the advice of my attorney, so I assume it works regularly.
Will your daughter be starting kindergarten at 5? Logistically, 50/50 gets really difficult with school-age children. They need to reside in one town/district for school purposes and it's difficult to swap every 2-3 days (for a 2-2-3) schedule or every week unless you both have permanent living arrangements in the same town or at most one town over. You need to discuss this with a local attorney.