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  1. #1

    Default 50/50 Physical Custody

    My question involves a child custody case from the State of: Florida. Hi everyone, so I put in for child support for my son and his father in turn filed for 50/50 physical custody. For the past year and a half he’s had my son every other weekend Friday evening til about 4 pm Sunday. Before that only a few hours on Saturday. (My son is four) his father currently resides in West Palm Beach and I in Miami (52 miles apart). My nerves are wrecked to think he would be granted this being as how he’s never been involved beyond the time they’re together. No drs visit no school events, nothing. My son has always been with me. Also the drive alone one way is about 1 1/2 hrs. Can someone please tell me how possible it is that he’ll be granted 50/50? Thank you

  2. #2
    Join Date
    Jul 2018
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    Default Re: 50/50 Physical Custody

    Quote Quoting Dominguez0127
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    his father in turn filed for 50/50 physical custody.
    It's one thing to say "50/50 custody," but what does he actually mean by that? Did he file something that simply says, "I want 50/50 custody," without any explanation as to what that means? Or did he provide more detail about what he actually wants?


    Quote Quoting Dominguez0127
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    My nerves are wrecked to think he would be granted this being as how he’s never been involved beyond the time they’re together. No drs visit no school events, nothing.
    Unless your child has some persistent medical condition, I'm not sure why the father's absence from doctor visits matters, and what "school events" has a four year old had? Is he even in school yet?


    Quote Quoting Dominguez0127
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    Can someone please tell me how possible it is that he’ll be granted 50/50?
    Only a local family law attorney can provide truly reliable advice about this. However, as a practical matter, anything approaching literal "50/50 physical custody" is generally impractical -- especially once the child has started school full-time and the parents don't live in the same general area. You are, of course, free to oppose the father's request for "50/50 physical custody" and argue for whatever alternative arrangement you think is appropriate.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,112

    Default Re: 50/50 Physical Custody

    Quote Quoting Dominguez0127
    View Post
    My question involves a child custody case from the State of: Florida. Hi everyone, so I put in for child support for my son and his father in turn filed for 50/50 physical custody. For the past year and a half he’s had my son every other weekend Friday evening til about 4 pm Sunday. Before that only a few hours on Saturday. (My son is four) his father currently resides in West Palm Beach and I in Miami (52 miles apart). My nerves are wrecked to think he would be granted this being as how he’s never been involved beyond the time they’re together. No drs visit no school events, nothing. My son has always been with me. Also the drive alone one way is about 1 1/2 hrs. Can someone please tell me how possible it is that he’ll be granted 50/50? Thank you
    With a 52 mile distance part 50/50 is neither practical nor workable once your son starts school. Since your son is 4 that is going to happen within the next year or so. Therefore, you can make an argument against 50/50 based on the distance between homes and the fact that it would be a big disruption in the child's life, only for it to be disrupted again once he starts school.

  4. #4
    Join Date
    Dec 2007
    Posts
    227

    Default Re: 50/50 Physical Custody

    Your child has not "always been with me"; he has had overnight visitation with his father. You are entirely too possessive if you are thinking this way.

    What school events does a 4 yo have? With a 1 1/2 hour drive each way, it is unlikely he could be at daytime events or appointments. Your complaints about his non-participation are absurd. The distance factor that is likely to prevent 50/50 as a feasible option also makes his participation in the activities you are complaining about impossible for a person who works a typical schedule.

    I hope he will be getting the child weeks at a time during the summer and that you are not trying to limit that to weekends only.

    That being said, no one can say for sure what the orders will be.

    The child deserves to be supported financially by both parents and also deserves to spend the maximum time feasible with the non-primary residential parent. You need to willingly agree to the level of support and visitation schedule you would like if the father were to be named the primary residential parent.

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