Ah. So what you're saying is, I can't win this game I never wanted to play. Will they send me an evil shrew card in the mail? |
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The custody case I know where both kids were happy with it was one where my friend and her ex lived only a few streets apart. Both kids had equal space and stuff at each house. There was a one week at moms, one week at dads custody agreement but due to competitive sports, parent travel, who needed homework help and with what, and who was cooking what for dinner, the kids kind of went where they wanted after school / evening (but mostly slept in the home that had custody that week). They more or less let the kids lead within reason / routine.
I currently know a teen who rarely sees his mom as she moved to the outskirts of the city so now he just stays at his dads even though parents have 50/50. |
Oh good, I was talking about the kind of situation where one parent keeps the family home and the other parent can't afford to buy a similar home in the same area and has to go smaller or farther out due to finances. |
So, the 'best interest standard' is typically presumed to be 50/50. However, if both parents agree to something else, that can be in the order. If the father in this case wanted 50/50, he'd get it. In this case OP, you might consider him having a weeknight and every other weekend and long holiday weekends. And also ROFR. |
You have to be a pretty insecure parent to think that having a smaller house means your kids won’t love you. Plus it’s not like you can force your ex not to rent or buy a nicer place than you. I’m not clear on why you are blaming this on your ex. |
Then you find a way to make 50-50 work including both parents moving. |
+ 1. We have a small house. Why is it a problem? |
I took care of my mil. She was so kind to me. How is that a bad thing? Husband’s income allowed me to. It’s called marriage and family. You alienated people and then complain. You created your mess. |
The only way the house issue can really matter is if the parents cannot live in close proximity because rent/RE is so high. No parent has a right to as big a house as their ex has. But if parents sincerely want to make things easier on kids they will make an effort to minimize the impact on them by considering factors like how to keep the family home, school and neighborhood the same, while enabling the parents to live close. Sometimes this might mean one parent has a bigger house and the other has an apartment. I have been on both sides of that equation (bigger house and now smaller apartment) and I have zero worries that my apartment being smaller than dad’s house will make any difference at all in where my kid wants to live. |
| Slightly off topic, but be very, very specific in the custody agreement about extracurricular activities, especially team sports, school band, and social activities like birthday parties. A couple of years into coparenting, my ex remarried and moved 45 minutes away. His new wife resented the time he spent on our children's activities, so he banned the kids from participating in any activities on their time. They were dropped from competitive soccer, took grade hits in school band, missed birthday parties, and so on. Eventually, he and his wife moved out of the country, so the issue resolved itself, but at a significant cost to our kids. |
NP and a 45 minute move is my nightmare, especially if it’s 45 minutes in traffic but not necessarily on paper. I know my STBX would do something like that and use the distance against me. Is there any way to ensure continuity of extracurriculars? I’m still in early stages of planning and have heard everything from “you can’t” to “build it all into the settlement including future possible activities.” Mine are barely tweens so I can see their extracurriculars and social life shifting in a way that’s hard to anticipate right now. |
This is one of those clauses you need to draft yourself, then give it to your attorney to review. In our modified agreement, I specified what their activities are and how long they've done each of them to tell a story, and that both parents agree to CONTINUE to support their activities and their activities shall take precedent over either parent's time. If one parent declines to take them, require them to give the other parent a certain amount of notice, and the other gets a right of first refusal to cover the activity. No makeup time if a parent forfeits time for an activity. Say you can substitute one activity for another at the kids' directions. Include a remedy for violating the clause, like contempt of court, plus the defaulting party pays attorney's fees. Spend time thinking about all the ways your exs can hold your children hostage to punish you, and draft around them. Use ChatGPT or another tool for help. Draft the agreement as if you will have to take it to court multiple times to enforce it, so it needs to tell a clear story with well-defined requirements and consequences. Your ex may not agree. Mine did because he owed me a lot of back support, which I forgave to get the modifications. |
You can try to include something about how parents agree that extracurriculars are in the children’s best interests and that you will support the activities. You could add in something more specific like that the kids will be able to do a minimum of two activities and a process to select and plan those jointly. |
This is terrible as mom can do all the activities on dad's time and then say kids cannot see dad becuase of activities. You held your kids hostage and refused contact. I feel bad for your kids. |
How much energy does it take to camp out here and on the relationships forum and lie in wait to barf out your men’s rights nonsense every night? It’s getting old. |