brettjoelaw
New
Reged: 11/09/06
Posts: 2
Loc: Michigan
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To keep a long story short, I am in need of finding anyone who has gone thru a similar experience.
I am going thru a divorce where my wife wants sole custody. Due to my financial situation, I am most likely going to have to move back home with my Mom, so as to save money for a home in the future. There is plenty of space for our 2 kids to have their own bedroom, etc.in my Mom's house, as well as involvement with other family that live on the same street. (My Mom's house is only 20 minutes away from our current home, my work, their school and our Church.) We agree to keep the kids in the school where they are now, which is literally 5 minutes away from my work. The church we belong to is also 5 minutes away from work. So, on a daily basis I am in this area. My lawyer says we would have a stronger case for 50-50 if i lived near her, but i simply cannot afford it. He is willing to fight either way, but i am unsure. Does the fact that I am going to be able to save money for the future benefit of the kids and myself, that I work 5 min. from their school, and attend church with them 5 min. away a siginificant enough weight to grant me 50-50 custody?
I also have 2 yrs worth of documentation of an affair she has been having, which she still denies.
I just want to have an idea of how michigan courts tend to rule, and if i have the ability to win 50-50 if I fight this.
Can anyone help?
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KGrow
Platinum
Reged: 01/27/06
Posts: 3109
Loc: Colorado
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If a mom asks for sole custody and you ask for 50-50, the court will likely split the difference and give you every other weekend.
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brettjoelaw
New
Reged: 11/09/06
Posts: 2
Loc: Michigan
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I want every other week. As it is now, i spend more time and energy with our children than she does. To be given every other weekend and one day a week would crush me, as well as the boys.
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3136
Loc: Florida
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Generally in MI, parents are given joint legal custody with primary physical custody going to the mother unless she is proved to be unfit or does not want custody. I have gone through two MI divorces with kids and my first ex tried to fight me for custody of our son because he did not want to pay child support. At the first hearing the judge told him he was giving him very liberal visitation which was every other weekend and two evenings a week.
Unless they've begun doing 50/50 recently - I don't think you have much of a chance to get that without the mother consenting. You should however not worry about her getting sole custody, it should end up being joint so you both have the same rights to the kids medical, schooling and other important decisions in their lives. Even with me living in Florida with my children, I still share joint custody with their fathers but I have physical custody.
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**2 1/2 weeks to go...should start counting down the days**
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