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Old 10-03-2013, 12:23 PM
  # 5 (permalink)  
Florence
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Join Date: Dec 2010
Location: Midwest, USA
Posts: 2,899
Google [state] custody guidelines for your state. The defaults are usually joint custody with one parent maintaining primary physical custody, with child support determined by a formula determined by who carries what insurance, who earns what, what services the kids require, and how many overnights the non-custodial parent get. I've seen non-custodial parents fight hard to maximize the "overnights" clause because it's a way to pay less child support, even if they don't observe the overnight visits.

When there are mitigating circumstances, it usually modifies this state standard. In my case, the usual is the one weeknight, every other weekend model. Since DS2 is under the age of 3, her visits are limited to one weeknight until bedtime, when she is brought home, and every other Saturday overnight. Because I had documented a long history of alcoholism, the judge agreed that these visits must be supervised. I have no way of knowing whether this will continue after the divorce process is complete.

With my NPDx, we followed the standard 1 weeknight, every other weekend, half summer model. It's seamless except for summer and he never cares about DS14's homework or household needs. This sucks for DS14, but it's neither legal abuse or legal neglect.

If it ever veers into abuse/neglect territory -- something more than having a tumultuous relationship -- I would call CPS and let the chips fall where they may. Same with DS2 and her dad.

Since you have a new lawyer, write up two documents for him/her about your husband's outbursts. One should be the long form version and the other should be a bullet-point list of the highlight reel. This should be an ongoing list. Whenever you have court, this thing goes with you.

The truth is that the kids will have a relationship with their dad whether or not you support it. Once these standards are in place, educating them about alcoholism, boundaries, their personal safety, and arming them with a cell phone plan, is paramount. But that's all you can do. Remember even this is temporary.
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