Anonymous wrote:It is highly unlikely that either of you would be awarded anything other than joint custody. Even though you do most of the parenting duties, the court is unlikely to take away custody privileges for your husband. You would have to prove he is an unfit parent and the burden for that is extremely high.
You will probably the custodial parent if you have the kids more of the time than your ex, but that doesn't really mean much.
I recommend writing into your divorce agreement an automatic change in child support if your husband does not live up to the custody agreement. Lots of men seek joint 50/50 custody so that they won't have to pay as much child support. Then, they gradually cut way back on seeing the kids -- but they don't increase your child support.
I wish I had something automatically written in to the agreement. My ex sought 50/50 custody, but now only sees our child two days per month. In order to change the child support order, I would have to go back to court.
Is this automatic change legally enforceable? My ex got an increase based on just over the limit between primary and shared. Since that change, he has seen DC 1/3 less. Would the court support reviewing CS three times a year based on evidence of how much time was actual used? Because that seems like a huge expense for the State.