Q: Joint custody but unable to agree to a schedule. Who will be favored?
The mother legally has sole custody of the children. I did not realize I did not have joint custody, because I've had the kids over 60% of the time every year. The kids are with me during the school year and alternating weekends, while the mother has the kids all school breaks and alternating weekends. The mother now wants to have the kids every weekend. I do not agree with this because that leaves me with 0 time to bond with the kids aside from an academic standpoint. She has also threatened to take the kids during the school year entirely, but my son has a learning disability and I've been involved with his academics this entire time. The mother also does not even have a GED, so I'm uncomfortable with her having the kids during school year. She does live in a better school district though. Who do you think the judge will favor?
A:
It's almost impossible to guess what a judge will do without knowing what ALL the evidence will be at a hearing. From what you've said, looks like you're the de facto primary custodian. You should consult an experienced Family Law Attorney, in your area, for help with this problem.
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