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Custody 50/50?

StepMadre's picture

Any halfsies out there? We are suing for 50/50 custody with no child support and would love and appreciate advice for those who have experience with this (and working out custody issues with batpoo crazy BPDer's). Legally, H and BM share joint legal and physical custody and BM has residential custody, although we have them overnight some too. I know that setting up precedents really helps and I am happy we thought of that a year ago! We successfully got BM to agree to a new schedule, not through lawyers, where instead of having them right after school for a couple hours every day, we have them 'til bedtime half of the week and drop them at BMs. This has been the established pattern for a long time, but we and the skids want to change it again and increase our overnights. It seems ridiculous to get the kids dinner, do baths/showers/brush teeth, bedtime story and then drive them to BMs so they can sleep there? Because of her "job" she apparently has been having a variety of losers babysit for her in the morning so she's not even seeing them in the morning anyway. It would make much more sense for them to stay overnight with us and I could make breakfast and take them to school in the morning. We are getting the bad end of the stick because those few nights that we drive them to BMs before bed are the only reason we have to pay hundreds in CS every month! It's bull! We're sick of it and are going to stick this out until we get a satisfactory custody arrangement. We had another long talk with the skids and it's what they want too (they actually want to live with us full time). There is no reason why this stupid, lazy, trashy cow should get her ideal custody schedule, plenty of time away from her kids and plenty of time with them AND our hard earned money?

Luckily, we have been documenting every mistake she makes and there are some biggies. At the moment, we have financial backing and support that she doesn't have. Her lawyer is this dumb guy that obviously drooled and cheated his way through law school. I know that she slept with him (and he's disgusting) but I doubt even she could tempt him to give free legal counsel in exchange for Blobfest 2010 free passes. She is scared and stupid and so we are still going to have to be strategic, but honestly, she pretty much has peanuts and we all know it. Things are so shaky with her and we are in a very strong place emotionally and psychologically as well as having familial and financial support that she doesn't have.

Maybe I am being too optimistic (or fiercely determined) but I don't think it will be that hard to convince her to go 50/50. She is falling apart and appears to be barely able to hold it together, so now is the perfect time to swoop in and serve some red hot papers! I know she would agree to the overnights no problem, because she's barely taking care of the skids as it is, it's going to be losing the CS that she will fight as money is what she really cares about, but this is the end of her living off of our hard work and being a deadbeat BM. It's actually pretty likely that she doesn't know that CS is directly linked to how many overnights a parent has and maybe her lawyer won't emphasize it (probably too much to hope). We are just not going to back down and will fight her until we get what is right, for the kids and for our family. To compare the homes:
Casa de StepMadre and Dad
-Boys each have own bedroom with their own bathroom.
-Boys have desktop computer to share and SS11 has laptop.
-Both skids have everything they need, nice clothes, nice toys, plenty of good books, bicycles, skateboards, camping equipment, Video consoles and lots of games, lots of movies and a viewing room set up like a theatre with a projector.
-Both adults in house have stable, well paying jobs, one of which provides incredible medical, dental and vision health insurance for entire family.
-Live in an extremely family friendly part of town. Every single neighbor has kids and is friendly and awesome and our neighborhood is fairly private and safe and has three parks within walking distance.
We have two nice, safe, reliable cars.
-We pay all our bills and rent on time and don't have collections agents calling like BM does. Our phones don't get cut off every couple of months due to non-payment.
-We both finished our undergrad degrees and are smart enough to help with sixth grade level homework (BM seriously can't do it! And she tries!)
-We don't have creepy losers watch the kids and my family members are not ex heroin junkies and/or in jail or on probation. I don't have untrustworthy people with a history of theft babysit my kids!
-And, most importantly! At our house, we take great care of the kids, spend time with them, communicate and play with them. They get lots of attention and one on one time and we have a consistent schedule and routine as well as an established discipline set up that the skids do great with.
ETC...........

Casa De Puta Grande
-Boys share a small bedroom and one twin bed (because cat pee got onto one of the mattresses and so now they share!-and the "pee" bed is just sitting there apparently!) Bedroom is so messy and trashy that they can't walk across the room without walking on dirty laundry and toys.
-H gave BM his old computer (back in the days when he was an idiot!) and she promptly broke it-spent her tax return on a new laptop for herself rather than pay off her daycare debt or buy something for the skids.
-BM does not buy new things for the skids, even though we send off CS checks every month and constantly wind up buying them the things they need because she won't. Everything nice they have is from us. If it is old or trashy or broken it is from her. That pretty much holds true for everything...
-Main provider-BM can't hold down a job, lies constantly about having jobs and acts sneaky and suspicious about her schedule-as in not having it be extremely obvious that you can't work full time in a school while simultaneously staying at home with your kid-she implied this and acted jumpy and shifty as if it wasn't totally obvious already that she was lying about the job). Has current, impractical job with poor wages.
-Lives in nice neighborhood in the one house that looks like Disney's Haunted Tree House, but not as cool or well kept. Basically a decrepit shack and it smells like mildew and mold. In a classy move, she recently staple gunned white plastic garbage bags over her windows in some attempt to save money on the heating bill? As summer arrives, BM, with classic timing does something in a totally incompetent and idiotic way)
-Her old car died and she abandoned it until the city towed it and made her pay. She now drives a cheap and tacky, wannabe SUV that her mom is lending her...
-BM doesn't pay bills. Seriously. She just doesn't pay if she doesn't want to. I do not know how she has made it this far without literally becoming a hobo, but it could still happen...
-BM is incredibly stupid and dropped out of school. She can now not help her grade school age children with their homework!!!
-BM has the shadiest, creepiest people around her kids and I happen to know that some of them have very bad histories and I wouldn't let my kids around those people if I had any say at all. The latest loser was supposed to watch the kids recently and just never showed up. BM didn't wait to see if a sitter would show and just left her children completely unattended, ALONE for over two hours.
And lastly, I wouldn't wish BM on my worst enemy and having her for a mom would be worse than almost anything I can imagine in the family scenario. I feel so, so sorry for those kids who are turning out okay, with a lot of struggle, but who will never be undamaged and unhurt from all the crap she's put on them and put them through. I have an incredible mother, thank God, but when I think about what it would be like to have BM as a mom, it makes me put in extra thought and care into dealing with the skids because it's pretty sad that a step-mom winds up being the only loving, stable mother in the picture...

I mostly listed this stuff to clarify it in my own head and to vent and get some of the anger out. I'm just so pissed right now, but I know I will calm down here pretty soon...I hope! LOL

Sorry if this was tedious or boring. Sometimes I just need to type and get it all out there, so I appreciate those of you who do read and comment! I vent a lot, but in this case, I would really appreciate specific suggestions about scheduling. We are considering offering a week on/week off schedule or some 50/50 variation on what we already are doing. Any experiences with this? Does anyone know which one tends to work better? Or some other schedule I haven't thought of? Thanks for any and all suggestions!

Oh, and on a side note, our house is just nicer. It's cosy and comfy and it's messy enough that kids feel comfortable, but not so messy that a passed out frat boy could hide under the dirty laundry. Biggrin I make a huge effort aesthetically and think that a welcoming, comfortable home can make any bad day bearable. BM is the opposite.

Comments

Storm76's picture

We've not got 50/50, but might be moving to it within the year. SS10 has asked outright to have 50/50, which we're happy to do, but isn't practical until we move later this year (very small flat, and we're overflowing as it is!)

Again, I think a week on/week off is the easiest way to go, perhaps moving towards 2 weeks on/2 weeks off over the summer holidays to allow for flexibility for going away.

I wish you luck with BM - similar in our situation that she seems quite happy to go 50/50, but hasn't figured out that this will mean she gets a lot less in child support.

lifeisshort's picture

Thing is, I'm only seeing one-third of the real story here - yours. If it's true that the truth lies somewhere in the middle, then I can't just accept outright that what you're saying here is the "real" truth. Common sense tells me that your perspective is skewed because you have an agenda, so I'll take what you have to say here with a grain of salt.

Honestly, none of what you've written about the Mom screams out "let's change this custody agreement." A lot of what you wrote about the Mom sounds like petty judgement, but then you paint yourself and your DH in the most angelic light possible. I have a hard time believing anyone who paints a picture like that. Look, judges like to stay with the status quo and anyone who knows anything about family law knows that - If it ain't broke, they don't like to change it.

50/50 sounds like it would work well for you, but how do you know it would work best for the kids? Some kids deal with it well and others need to have the stability of one main residence. Think about your motivations.

StepMadre's picture

Of course I post from my perspective! I'm living my life from my perspective and it's all I know Smile
I would also assume that you take everything you read with the grain of salt because life is all about different perspectives.

I do have an agenda. I want my step-kids to be happy and healthy and to stay sane and happy at the same time! My family is the most important thing to me. As for painting myself in an angelic light, I would hardly say that. Read my old blogs if you want to see the struggle i've gone through and I certainly have never had any qualms about posting about my flaws as well as my positives.

It's impossible to show someone who doesn't know BM, her history and our history what is really going on and other than assuming that blogs that I write about my life are from my perspective, it is insulting to suggest that I am lying or making things up about BM or the situation. Believe it or not BM is really that bad and I have left out the illegal things she has done that DO make it a bad enough situation to change because it is a legal affair and you never know who is reading what. I have extreme contempt for her and of course I am disgusted when her actions directly harm her children. My opinion of her may be "petty judgment" but her actions are what is going to cause her to lose this case, not my opinions of her. I express my personal opinions on here to other adults and to my husband, close friends and family. My opinions will have nothing to do with the custody situation. We have straight up, documented facts on her and some of them are pretty serious. Yes, I think she's a godawful mother, but that has nothing to do with her history of instability, inability to hold down a job, diagnosed mental illness and history of not being able to provide for her kids. We are well aware that the courts don't care if a parent is ethical and fair, provides a good emotional and psychological environment etc... They care about outright, severe abuse and if we were going for full custody, i'm sure we would need to have evidence of that. We are not going for full custody, although that is what the skids want. BM has been a problem since the beginning (as in when SS11 was born, not when H and I married) and it has been a long, slow process to get things as stable as they are for the skids. H basically held her together for years and rescued her repeatedly from financial and legal disaster. Now she doesn't have him to make things okay for her anymore and as we predicted, she is failing in her role to provide properly for the skids. Both in the ways the court cares about AND in the ways we care about. I know from friend's experiences that the courts don't care if you smoke and swear in front of skids and they don't ever enforce any of the basic manners and etiquette that are written into most custody orders. You can be a horrifying parent and still have residential custody. It's sad, but true.

In our case, H has been an involved dad from day one and everything good I said about him is true. He is a wonderful father and there is no denying it. I am extremely proud of him for how he's handled all this. He and BM started out with a verbal agreement of 50/50 custody because they agreed that that would be best for the skids. She then lied, went back on her word and sued him because he refused to leave me, his wife. After the custody papers were signed, and we were told that we got the best we could at the time, considering our state's statistical and documented preference to mothers, and H originally agreed to it because it meant he could see his kids every day. As we got more experienced and talked to a way better lawyer we realized that the schedule was stressing the kids and stressing us and designed to accommodate BM and her job at the time (from which she was eventually fired). We changed the schedule so that we would have more quality time with the skids and get to be there for more of their every day stuff. For over a year, we have essentially had 50/50 custody with the technical difference being that we drop them off at bedtime in their pajamas and she is responsible for getting them to school, something she hasn't been able to do with her new messed up work situation. If you had the skids sleep over here on the nights we take them home at bedtime, we would have 50/50 exactly. My job is very flexible and I set my own schedule so I can take the skids to school and make breakfast etc... The change wouldn't affect BMs time with the skids at all from her perspective, other than the five minutes before they get into bed. She is currently having a series of creeps (as in documented needle drug users and pill poppers) take the skids to school in the morning because she has to be at work early. I can guarantee that she will have no problem with the schedule itself, especially as she is constantly asking us to take them for extra days and nights when she can't handle them. She will however have a big problem with losing the child support check. I am not exaggerating at all when I say that BM buys nothing for the skids as far as clothes, shoes, school supplies, toys, books etc...The last thing I can remember her buying for them (other than the junk food groceries she buys) was a pair of five dollar flip flops at Old Navy last summer. We literally buy all the things they need because she just doesn't do it. She is not your run of the mill, struggling single mom. She has serious mental health problems that have been diagnosed now by a qualified psychiatrist and counselor. I can easily be petty and judge her because she messes up so much and falls so short of normal it's not funny. Whether I am being petty or not has nothing to do with the crap she has pulled with the skids and given that we basically have them 50/50 anyway, it is the next step to make it legal and stop paying her money that goes towards alcohol and parties. We have evidence and have documented every single thing and it looks very bad for her.

As far as my motivations go, It's so laughable that I would have sinister motives in wanting my skids 50/50 for all of our best interests that I don't really know what to say! I struggled so much at first in being a new SM and taking on extremely challenging skids with specific problems. Both BM and H have had a hard time dealing with the skids and their problems, that wasn't new. The only thing new was me and I have never claimed to be the worlds best SM. I know my strengths and my weaknesses. There was a point where I couldn't stand even the sight of my skids! I wanted nothing to do with them and avoided them as much as possible. My issues with their mom are a separate thing and as an adult with an I.Q. over forty I can tell the difference. I struggled with my skid issues for a long time and worked through it with my husband. It was a big adjustment and change for all of us and we were newly married for the first time as well. While I still have major frustrations like every SM, or parent for that matter, and I am aware that the skids will always be damaged mentally in some ways because of their past and genetics, over time I have bonded with my skids and care about them very much. Besides the fact that I think every child has the right to a safe and healthy home, and would want the best for any kids, I am highly involved with my skids and their best interests are top priority. What selfish motivation could I possibly have for more time with the skids?!!! Getting up early and driving kids around versus sleeping in? Hmmm? Which one sounds better? Working in the evenings and sacrificing family time to accommodate my husband and skids's schedules versus skid free time at home alone with my husband? I am not winning any prizes here with the new proposed custody, things will actually suck more in some ways, but I am willing to sacrifice because believe it or not I strongly believe it to be in the skids best interests. THEY want to live with us full time and have told their mom so. SS11 is almost old enough in our state to choose which home he wants as primary and he is choosing us as soon as he can. HE asked about this, not us. Unlike BM, we haven't trash talked her in front of the skids and haven't said anything to sway them one way or the other.

As well as doing some of the things the courts do care about and failing to provide for their basic needs, BM also does the things the court doesn't care about, but we do. We don't want people smoking in front of the skids and exposing them to carcinogens. We don't want creepy druggies babysitting the skids, getting wasted in front of them and swearing to and in front of them. H had to put his foot down and ban one "babysitter" because he called SS a "bastard motherf*&^%$" to his face the other day. BM defended this creep! She said he was frustrated with SS11. Great protective instincts Ma! My personal opinion is that she would rather have an abusive man around than no man at all.

H and I, and our extended families, have talked this over endlessly and talked to lawyers and counselors. We are all in agreement that it is in the skids best interests to change the custody to 50/50. They won't lose time with BM, but she will lose the money. What a novel thing it will be to actually spend that money on the skids and see our hard earned money being spent where it should be! So, anyway, feel free to hop up on your high horse and judge me and a situation that you know very little about. I don't appreciate having my morals and motivations called into question, but at the end of the day, you are a random internet person and it totally doesn't matter what you think. Pop psychology analysis of me at the level of a Psy101 sorority girl doesn't work on me, sorry. I have never claimed to be perfect or angelic and have had my share of struggles with step-parenting, but I am a damn good step-mom and I know it. My husband adores me and lets me know how grateful he is to have someone who loves and cares for his kids and the proof is in the pudding that my skids love me. Even when I couldn't stand them, I made them a top priority and H wouldn't have tolerated anything less from his wife!
It is important to me to respond to posters like this for all the other SMs out there who get called petty and judgmental when they are working incredibly hard to be good wives and step-moms and take on kids that they have no biological or emotional ties to. All posts are from the opinion of the poster, but that doesn't mean that unless you are writing a factual police report you are lying! My BM happens to be one of those awful ones and if anything I have held back and haven't said half of what I could about her! As far as criticisms about only portraying yourself in a great light, ignore it because it's ridiculous. I have always been blunt about my own failings, but when you have a blog over time, you don't repeat them in every blog! If I had a blog about school classes and started out with how bad I was at math and how great I was at english and then a year later blogged about winning an english prize or scholarship and being proud of myself, would the post about the prize be untrue or somehow less valid because I failed to mention, again, how bad I am at math? No. Of course not. I have posted about my struggles on here as well as the things I do great with, but I will not be perfectly represented in every post I make, especially given different moods and situations! The idea is ludicrous, so SMs out there, go ahead and praise yourself if you're doing a great job! Being a SM is incredibly hard and it does take a special kind of person to be good at it. Like everyone, I have my flaws, but I will not put myself down or lie about the truth or the real situation to make some insecure reader feel that I don't have an agenda. There are facts and opinions about my situation. I post about both. I post the truth and what is going on and I also post my feelings, thoughts and opinions. Last time I checked, that's what a blog is. Biggrin

Anyway, sorry this is so long and rambling, it wasn't worth a response in the first place, but I hope less sure of themselves SMs will be comforted by my response and see that it's okay to stand up for yourself. If you rock, don't let anyone put you down!

CrystalRE's picture

I am completely for 50/50 custody. DH had 50/50 custody of his two daughters since his divorce from BM. We went back to court a year ago and now have 60/40 custody. Similar to your situation, our BM's parenting leaves much to be desired in our eyes. Even if she was the most effective mother I believe that kids need regular interaction with both parents, beyond every other weekend.

A lot of how well the kids adjust depends on their age and how long the current arrangement has been in place.

caya506's picture

Every three days would be tough on the kids, I never really understood why that schedule would be used. Our schedule for SS has recently changed to week on week off.

OddGardner's picture

Man, that's rough, every three days. We have 50/50 with 7 on, 7 off. It's hard, but worth it for us to be involved with their day-to-day life so much.

HeatherM's picture

We are a 50/50 family as well, and it seems to work. I'm in Canada, so I'm sure child support issues will be different for you, but here, in our province when you are 50/50 they look at the annual salaries of myself and my ex-husband.. whoever makes the most money has to pay the difference to the other person so that the child lives the same way in one household as he does in another. There is more to it, but that's it basically. Because I make good money, and my Ex does as well, he pays me $100 a month. We kind of joke about it as it's moot and I've asked him to stop because it's stupid..but it's the law..so he pays it.

I laughed at your analogy of the differences between homes... although I actually like BM to a point she is so self involved, has 4 kids from 4 different dads, lives in an old delapitated condo unit that has only 2 Bedrooms..apparantly her and her husband sleep on the pull out couch. She does have a good job, but I'm not sure where all her money goes..and I think her husband is a bit of a loser. He drives an old beat up camaro and has a mullett...ah maybe I'm being judgemental.

Our home has lots of space, everyone has their own rooms, parents who have good jobs, and actually makes the time for kids... we are never too busy for at least one of us to stay home on a sick day, or take a kid on a field trip...

I like your analogys better... but I can relate. 50/50 is worth it in my opinion, that is what I'd do.

now4teens's picture

There's no reason why it shouldn't be 50/50.

My DH and his ex do 50-50 and have since their separation over 9 years ago (before I was ever in the picture). He did it as a single dad, so when I came into the picture, it only became easier, when we blended our two families.

We have them Fri-Tues EOW and Sun-Tues the other weeks, plus two additional days of our choosing each month. And in the summers, it's 'one week on/one week off.'

And housing situations/neighborhoods shouldn't matter- it's petty and makes you look bad when you start to attack the other's living situation. Judges will always prefer to grant custody to the BM first unless there's SEVERE physical abuse or neglect- so don't even go there. Be civil- it always pays off. Of course, you can HIGHLIGHT your living arrangements, just don't demean hers Wink

It should always be what's BEST for the CHILDREN- and 50-50 is always best for the children!

I have two BS. I WISH their dad would have WANTED to take them 50-50 and be more involved in their lives. Sadly, he is one of those 'I'm-content-to-see-them-EOW' kinda dads. Tragic.

PS- And even though DH has them 50-50, he still pays a TON of CS! So if you do go for 50%, consider yourself LUCKY!!

sweetthing's picture

We would love 50/50 too because we have the kids for an hour or two after school and live like 5 minuets apart. However our BM would NEVER allow that. She NEEDS to have them with her and to her that is all that matters. I am hoping when they are both in middle & high school maybe that will change. The boys get tired of running all over the place & having people constantly over.

StepMadre's picture

Thanks for the feedback guys! In your experiences, what has worked better? Week on/week off or some variation of the three day schedule? Right now, it would be really easy to just add a couple overnights where we already have them late-til bedtime and that would be enough to make us 50/50, but we were also thinking about possibly looking into the week on/week off scenario too? I have heard mixed things about it and it would definitely have pros and cons. Our living situation is nice in that we live really close to BM (well not nice in some ways, lol) so the distance between our places is a less than five minute drive. The skids are more settled in here than they are at BMs but that's just because two years later, she still hasn't unpacked a lot of their stuff and her house is messy. They could come home from school today and never go back to BMs and we wouldn't need a thing from her house. All of it is there and we lend her the stuff she needs and she gives it back when we have the skids. We let SS5 take a few toys back and forth, but we keep all the others here because if the nice stuff goes to her house it never comes back. The good part is that they feel like this is their home, they call it "home" and "our house" and call BMs place, "mom's house." They say this in front of BM too. They get more worried with her because the electricity gets shut off every so often and her car is unreliable and she just got caught with expired registration and no insurance so who knows if she'll even have a car soon (her only means of getting to her min wage job an hour and half away). ANYways! Smile Right now we are just trying to figure out what will be best for the boys. We live close and nothing would change in that regard and we can tweak the schedule a little to get legal 50/50 or we could change it more and do something else? SS11 wants to live with us full time and isn't getting along with his mom at all so we're not worried about him at all, he's down for whatever change we can manage. SS5 is at the point where he's worried around and about his mom and upset at the people at her house, but he is still only five and needs to see his mom frequently until he grows out of that stage and becomes more independent. My husband's schedule is set in stone, but mine is completely and totally flexible and we each have great, reliable cars so transportation isn't an issue either.

I've heard a lot of pros and cons, but more suggestions and experiences would be great and help us figure it all out. Thanks again for all the great suggestions!

HeatherM's picture

We do it from Monday to Monday...so Monday night we pick him up after school, and Monday morning we drop him off at school and BM picks him up... it works well..and makes it easy to plan things.

StepMadre's picture

That actually sounds like it might be a good plan for us, thanks! I would prefer simple to complicated and we want to have a few possible options planned to present to BM's lawyer so they see that we are willing to compromise (on the schedule, not the 50/50) and work with Bm's schedule. If we just had one plan, I can see it getting rejected out of hand in a reflex action on BM's part, and I think she will feel less freaked out if she sees that she has options and that we are being reasonable and want what is best for everyone. Thanks for the suggestion!

now4teens's picture

I think the one week on/one week off schedule in the summer is MUCH better for the kids. It is much easier than the constant back-and-forth nonsense we deal with during the school year.
And our homes (unfortunately) are close to each other!

Over the 7 years we have been doing this, there have been COUNTLESS times where the girls have forgotten things and we've had to run over to BMs house and put them in her mailbox for them, or when they are her we've had to run over to HER house to get them. UGH! I cannot tell you what a DRAG that has been.

Plus, BMs house is so chaotic, that when the girls return, it takes them a day or two to settle back down from all the upheaval and get back into our normal routine. They literally have to take 24 full hours to "decompress!"

If you could, a full week is MUCH better.