Shared parenting - is it generally granted

[dg_sch]

Afternoon,

Currently have a split custody arrangement with my ex. Eldest child lives with me full time, has NEVER returned to weekend with his mother, other 2 live with her and see me every second weekend. Recently she moved close enough that we could have shared 50/50 custody as we are living in the same school zone. Last weekend with the kids, they asked me why I don't want shared custody as that is what their mother told them. I assured them that I would love to see them more. I broached the subject with her and she absolutely refused to even discuss it.
Now I'm going to start drawing up the court documents to get this process started before she decides to move into a different school district AGAIN .
Question is, does the court usually look favorably on shared custody.

[privateone]

My understanding is that the courts like to maintain the status quo. I think allot depends on how old the kids are as to whether the courts would listen to their wants. Others here will have more info based on their experiences.

[FL_Needs_To_Change]

I echo what was said by dg_sch, usually the courts tend to go with the status quo arrangements.

However, since the mother has moved it can be considered a material change and you could seek a motion to vary access and introduce the 50-50 regime.
Of course the onus would be on you to give ample reason for this to be incorporated. And the one major factor that the courts will look at is the ability of both parents to communicate and act in the interests of the children. If she has a history of not working with you on issues surrounding the children your motion may fall on deaf ears at a high price if you are using a lawyer.

Equally, you would have to have sufficient documentation where the two of you have come together to decide on issues surrounding the care and raising of the children. This would support your desire to have 50-50 and that such a change would not impact the children in any negative way. You’d have to prove the two of you could easily accommodate everything that goes along with this change. You would also have to provide the court with a very detailed parenting plan.

[Heart-broken dad]

FL,

what's a detailed parenting plan? Can you give an example?

Thanks!

[dadtotheend]

Originally Posted by Heart-broken dad

FL,

what's a detailed parenting plan? Can you give an example?

Thanks!

Do a google search on parenting plans. There are tons of examples.

[dg_sch]

Has anyone self-represented when seeking shared custody. I know this can be a sticky situation and would be better handled by a family law lawyer but if the funds are unavailable...

[FL_Needs_To_Change]

I'm sure there are those that have been successful depending on the issues and the level of resistance from the other side.

This site offers alot of help for self representing dads.

http://www.fathers-resources.com/

[dg_sch]

Thanks for the link. Very much appreciated.