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Custody Issue

 
 
Reply Wed 28 Jun, 2017 03:22 pm
I know this is lengthy, but I just wanted to get opinions and thoughts from a neutral position in a custody situation. I will do my best to not sound biased myself, but there is a reason I am asking afterall. Father and mother have been on and off for almost 20 years, married for 5. Mother left father when the two children were 1 and 2. Due to the distance initially, mother gained custody and father received State guidelines for visitation.

Mother and father reconciled with father moving to where mother was. Father helped mother rebuild credit and they bought a house together. They were not remarried. Mother took children to school, father picked children up, did homework, sports, showers, put them to bed. Mother was out with friends often. She often came home late in the evening. Her older daughter would the same. After four months in the new home mother admitted to fathey that she has been having an affair. Father and mother split once again. They stayed in the home together for 7 more months due to financial reasons. Father dated a new person for three months during this time.

Father moved out of the home and into an apartment. Mother kept the home and everything in it. Mother and father got along and agreed that there would be no need for courts to be involved with Dad agreeing to pay mother a certain amount per month and them agreeing on equal parenting time. Mother soon after filed for custody assuming the courts would award her more money.

Father's job at the time was 9 am to 9 pm; therefore, physical custody was awarded to mother, but due to Dad being the primary caregiver for the last five years (homework, after school activities, sports events, school functions) the judge granted that he could visit the children "as his employment allowed". Mother allowed father to have extra nights frequently. Usually Friday-Monday. Anytime she had somewhere to go (which was often) she would drop them of with father.

Father started dating someone seriously about six- eight months after he moved out of the home. Both children new this person very well all ready. Father allowed this person in their life due to this. He did not allow this person to interfere in anyway with custody. Also during this time, father's mother moved to town to help with child care. He also bought a new house, less than 1/2 mile from mother's home and the children's school. Mother had an older daughter and her parents to help with child care.

Now this is where it starts to get interesting:

1 Mother allowed the oldest to participate in a sport that father recommended. Mother continuously told the child that they are "wasting their play time" and tried to get them to feel left out of activities by doing them with the other child while practices were happening

2 Mother flipped new girlfriend off at a public pool and called her some very explicit things. After which she left drunk to try to pick up the children. Grandmother stopped her from doing so.

3 Father stuck close to the state guidelines and expected mother to call him any time she was going to leave the kids with someone else for more than two hours. Father would become upset anytime his step-daughter would get to watch the children over him.

4. Mother left the children with her step-daughter and went on a date. Father discovered that step-daughter threw a party at the home with the children in the home. Step-daughter and all party participants were underage. Father finally picked up the children from the home at 11:30 pm. The children stated that they had not eaten since school at lunch.

7 Mothe has a history of "scaring" away girlfriends by harassing them until they believe it is not worth the hassle.

6 Mother asked for the children for a day that they were supposed to be with father. Father asked if they could trade for a day the following weekend. Mother agreed. Mother stayed halfway through the week following her extra day that she cannot give him his exchange day because they were going out of town. Father came home on the day that they originally agreed that he was going to have the children and mother was in front of his home with new boyfriend and kids. Father asked for the children and mother denied. Father stayed he wanted to talk to mother at her home. He followed her home. They got out of the car and mother told father to speak to new boyfriend about the problem. Father stayed that he will speak to new boyfriend, but not about custody issues. Father raised his voice at a point during the conversation. The children were in the home. Mother and new boyfriend walked in the home. Father followed thinking that the conversation was moving inside. Mother stopped him at the door. Father saw new boyfriend grab his child by the neck and tell the children to go to their room. Father told the children to get in his car. Children listened to father. Mother called police. Father left. Mother pressed trespassing charges and a protective order on father.

6 Father filed for full custody. Mother countered with a motion for parallel parenting. A GAL was hired to investigate. Children told GAL that they want to see both parents the same amount of time. Mother does coach children. All charges were dropped against father. Father lost all time besides every other weekend with the children for 8 months of the custody battle. No School overnights. Father took a pay cut to be home for his kids after school, but continued to pay the full child support for 8 months.

7. Father facilitated homework for the school year during the custody battle. The children went from B-C-D students to honor roll with only one B.

7 GAL ruled that father receives Wednesday night's and every other weekend. Also father gets the children everyday after school from 2:45-5:15. Father felt he was already receiving this before mother filed the protective order. GAL admits that father and mother are equal in parenting skills. GAL admits that mother and father have both done wrong.

Please give me some insight as to why equal time could not be awarded in the case? When children wanted equal and mother and father are equal? Why did the GAL decide that the 13 hours on Thursday nights had to be with mother? Is there something that we are missing as to why equal time was not awarded?
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Type: Question • Score: 0 • Views: 344 • Replies: 2

 
jespah
 
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Reply Wed 28 Jun, 2017 03:45 pm
@wtvl2015,
So, what does your lawyer say?
wtvl2015
 
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Reply Thu 29 Jun, 2017 08:21 am
@jespah,
Attorney was under the impression that the GAL would stay involved per the parenting agreement to watch communication between the parents and give dad equal time before the new school year since dad has equal time during the summer anyway
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