nucleus
Bronze
Reged: 04/02/08
Posts: 38
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currently i am separated from my husband since january. he was served with divorce papers on march 25th he has until april 14th to respond. he called me last night and said he is of course contesting. he wants for our son to stay with him 1 week and then me 1 week, alternating. now this man is currently living with his parents, has no home of his own, does not work, has not helped financially with our son the whole month of march and has self admitted to relapsing on over the counter ephedrine and alcohol. what are the chances that he will actually win this arguement? i am so afraid of loosing my son. i am the only one with a stable employment history, a good job, and am providing for my son 100% with no assistance.
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chatter box
Platinum
Reged: 11/09/07
Posts: 966
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Honostly I think you shouldn't worry. You will have to prove that he has been abusing drugs for that to even be an issue. You may have read some of my post on here but the weman do have little advantage when it comes to custody. All things equal you shouldn't worry. Please keep an open mind to the 50/50 custody. When it does work it works very well.
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mistake#2
Platinum
Reged: 07/19/06
Posts: 2893
Loc: Florida
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Although that I agree in some cases that 50/50 custody should be considered...this isn't one of them if what she is saying is true in regards to his alcohol and over the counter drug use.
As the other poster related though, don't worry about it. If you are already the primary caregiver of the child, its likely to stay that way.
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nucleus
Bronze
Reged: 04/02/08
Posts: 38
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thank you for your insight. i am actually glad that there is a forum specifically for florida. posting on the general one has done me no good since posters aren't sure of what the current laws in florida are.
my attny was not planning on bringing up the drug/alcohol use unless he contested. which he is so we will mention it. i understand since i can't prove it, it doesn't do much good but it would make me feel better none the less. i have been the primary care giver and provider, working full time and taking care of my son. my ex however has had 4 different jobs in the last 3 years including six months of unemployment. during this period of time did not stay home and take care of our son, our son was always in some kind of daycare full time.
logically i know that i will win and ex doesn't have a leg to stand on. i am prepared to go as far as i have to to ensure ex does not get more then what the state mandates. one night a week and every other weekend/holidays.
i talked to my attny today and he said that he is prepared to nail his ass to the wall. no job, no support, come on there is no way he can get 50/50. maybe if he had a sucessful career, providing for keagan during this time, and was stable i would have a fight.
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Samsung
Platinum
Reged: 06/14/07
Posts: 1874
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"i talked to my attny today and he said that he is prepared to nail his ass to the wall. no job, no support, come on there is no way he can get 50/50."
Using this logic, then all stay at home moms would not get 50/50, nor primary custody. What you state has nothing to do with custody.
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nucleus
Bronze
Reged: 04/02/08
Posts: 38
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well, stbx never responded so now we are going to a default hearing. i guess he is not going to fight, b/c deep down inside he knows that he doesn't have a leg to stand on, and that i can provide for the child a lot better then he can.
so what do you think?
define best interest of child...
1. stable home where there is constistancy and structure, especially at a young age.
2. a parent that is working and can also provide monatarily along with emotionally.
3. staying in a home that the child has known as his life if possible.
4. not having to make any drastic changes to his life such as location of home, school, or day to day schedule. the divorce is change enough.
these things i can offer child, not stbx. what are some of your definitions of "best interest of child"?
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