Reply to How does a judge decide custody when all the factors to be considered seem equal?

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Reply to "How does a judge decide custody when all the factors to be considered seem equal?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]If they are splitting costs including daycare 50/50, but one parent is unemployed, that seems very unfair.  Why should a parent who is unemployed have to pay for half of daycare that they don't need?  Even if they were working, it would be split by income in most states.

I wrote above that I would support the parent who isn't asking for the change, but then reread and realized that that parent seems to be failing to support their child.

Is that true, or are there other financial pieces I'm missing?[/quote]

I realize I was not very clear.

The petitioner is the mother seeking sole legal custody and to change the 50/50 parenting time schedule. She is unemployed. The mother was willing to continue paying for half of preschool and was able to do so as she was collecting unemployment for 52 weeks. She has continued to utilize preschool during her parenting time as she was attending a certificate program in the hopes of starting a new career. Her unemployment recently ended and she is hoping to start a small business in the next few months to support her household.

The respondent who was willing to agree to joint legal custody and wishes to maintain the status quo 50/50 parenting time is the father and is employed full time and maintains health insurance for the child. [/quote]

Is he paying child support?  Unless her unemployment is equal to his income, or she has some other source of income, then he should be paying substantial child support. [/quote]

There was no custody order or child support order prior to this case being filed. Prior to her unemployment, the two parents were making roughly the same salary and neither party felt the need for child support to be ordered. Child support will be calculated and ordered as part of the custody case.[/quote]

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