Wednesday, February 25, 2015

I'm a father going through a divorce. We separated almost 2 years ago. Since then we verbally agreed that I would get my son (now 5) Thursda...

Question

I'm a father going through a divorce. We separated almost 2 years ago. Since then we verbally agreed that I would get my son (now 5) Thursday-Saturday nights. She would get him Sunday-Wednesday nights. This has worked for us up until now because my wife's days off work are Sunday and Mondays and mine has been Friday-Saturdays. I recently found out that my days off are going to be changing to Sunday & Mondays off same as my wife. My off days will be switching on May 1st. We are now filing for divorce, my wife wants to keep the same visitation schedule. I want a rotating schedule to where I will have my son at least every other weekend. I am wanting 50/50 custody and a 50/50 rotating visitation schedule. I was wanting 1 week on/off and possibly a mid week overnight. BUT she doesn't want to give up any of her days off work that she has with him. If she gets that then I would never get my son on my days off work. She is basically saying too bad too sad I shouldn't have let my company change my days off. My question is what are my chances to a judge in CA awarding us some kind of 50/50 rotating schedule to where I can get my son on half of my days off?



Answer

Your chances are pretty good. It is very common in your kind of situation to have some kind of rotating schedule. With a child that young a very common schedule when both parents can get the child to school is a two-week rotation something like this:

Monday+Tuesday=Mom

Wednesday+Thursday=Dad

Friday+Saturday+Sunday=Mom

Monday+Tuesday=Dad

Wednesday+Thursday=Mom

Friday+Saturday+Sunday=Dad



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