Q: Can my ex-husband get full custody of our daughter even tho we just started sharing her 50/50 a few months ago?
We separated 2/2016. I filed for divorce 3/2017, but he would only see our daughter every other weekend since we got separated until the summer of 2017. We have been 50/50 for a few months now and now he wants to take her full time and have me pay him child support. I have never asked him for child support or for help even tho I let him keep all of our money, furniture and even my car. Will any judge allow him to take her from me? Or can I ask to have her full time? So far there is no court order stating we have to share her 50/50 or who has custody.
A:
Looks like a parenting plan has never been entered.
Standard practice is for parties to agree and if they can't mediation.
If mediation doesn't work out, then the court has a trial and both parties bring their witnesses.
The test is always what is best interests of the child.
A: With no court order in place, either or both of you can seek whatever parenting time you wish. However, neither of you will have the right to any specific parenting time until a judge decides the issue, or the two of you can reach an agreement that is mutually acceptable. Just because your husband says he wants something does not mean his right to it is superior to yours.
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