Hi. I'm new to the forum. I've been physically separated from my common law spouse for almost 2 months now. We have a 5 year old daughter. Here is my situation I'm hoping someone can provide some information
My husband began seeing another woman while we were still living together. When I found out, our relationship ended, and he began sleeping in the spare room. That was mid august 2012. We had a "fantasy" weekend on/off agreement but it was never followed. He moved in with this woman mid november. He moved out after telling me he wasn't moving out, moved out when I was gone away for work, did not tell our daughter he was moving out and made no type of arrangements for visitation or custody. We did verbally agree that our daughter would not be introduced to anyone new for at least a year from physical separation.
I am and always have been the primary caregiver of our daughter. During a heated argument at the end of november after he moved out I was trying to get out of him what his plans were for our daughter. During our relationship and even more so since he started seeing this woman, his time with our daughter has been very limited. Since he moved out almost 2 months ago, he has not spent any significant amount of time with her, a few hours here and there and there was one sleepover visit at our home. He has attended some school functions (with me) and there has been no "outings" or one on one activities with him and our daughter, by his choice. His phone calls are sporatic (altho that seems to have improved this week by the fact that our daughter has been asking me to call him and I do). He told me during this argument he was just "going with the flow and then in a years time she was going to go live with him for a week on/week off".
During this week, I again tried to firm up a visitation schedule with him that we verbally agreed to over christmas. A child therapist recommended that our daughter have specific days/times that she would see her father because it was confusing for her for him to be coming and going at different times and "popping in" without notice (my daughter and I still live in our family home for the time being). We agreed to supper one night a week and he would spend time with her one weekend night per month. As that is what it has been since he moved out. He of course has every right and complete access to see her any other time but he simply has not made the effort. When I tried to firm up this agreement through email, he responded saying he did not agree and again said he wanted her 7 days on/7 days off. I am not sure if he meant now, soon, or in the future.
I realize that he can apply for any type of custody that he wants but I will never agree to 50 50 custody and have told him that from the start.
Does he have any case for this type of custody?
I would appreciate any feedback. Thanks very much.
My husband began seeing another woman while we were still living together. When I found out, our relationship ended, and he began sleeping in the spare room. That was mid august 2012. We had a "fantasy" weekend on/off agreement but it was never followed. He moved in with this woman mid november. He moved out after telling me he wasn't moving out, moved out when I was gone away for work, did not tell our daughter he was moving out and made no type of arrangements for visitation or custody. We did verbally agree that our daughter would not be introduced to anyone new for at least a year from physical separation.
I am and always have been the primary caregiver of our daughter. During a heated argument at the end of november after he moved out I was trying to get out of him what his plans were for our daughter. During our relationship and even more so since he started seeing this woman, his time with our daughter has been very limited. Since he moved out almost 2 months ago, he has not spent any significant amount of time with her, a few hours here and there and there was one sleepover visit at our home. He has attended some school functions (with me) and there has been no "outings" or one on one activities with him and our daughter, by his choice. His phone calls are sporatic (altho that seems to have improved this week by the fact that our daughter has been asking me to call him and I do). He told me during this argument he was just "going with the flow and then in a years time she was going to go live with him for a week on/week off".
During this week, I again tried to firm up a visitation schedule with him that we verbally agreed to over christmas. A child therapist recommended that our daughter have specific days/times that she would see her father because it was confusing for her for him to be coming and going at different times and "popping in" without notice (my daughter and I still live in our family home for the time being). We agreed to supper one night a week and he would spend time with her one weekend night per month. As that is what it has been since he moved out. He of course has every right and complete access to see her any other time but he simply has not made the effort. When I tried to firm up this agreement through email, he responded saying he did not agree and again said he wanted her 7 days on/7 days off. I am not sure if he meant now, soon, or in the future.
I realize that he can apply for any type of custody that he wants but I will never agree to 50 50 custody and have told him that from the start.
Does he have any case for this type of custody?
I would appreciate any feedback. Thanks very much.
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