What are the chances of me getting 50/50 custody of my daughter?

UPDATED: Sep 30, 2022

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What are the chances of me getting 50/50 custody of my daughter?

My ex and I started doing 1 week with mom, 1 week with dad when our daughter started kindergarten. She is doing great with school and when she is with me. However, her mom just recently said this is not working because our daughter is having behavior issues at her house. Yet I believe that it’s due to the fact that her mom has a new baby. I think I have a good chance but my ex says no because our daughter needs her mom and can’t be away from her for 7 days. Am I crazy thinking that this has worked for 10 weeks and I shouldn’t be punished by taking my daughter away because my ex can’t spend tas much time with her and that is what is causing these issues?

Asked on November 23, 2015 under Family Law, North Carolina


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is a chance that you can seek and obtain 50/50 if it's good for your daughter.  The court will look to a long list of factors... but they also like to look at what has already worked.  If it's worked for 10 weeks and now it doesn't, then it could be something (as you suggest) is wrong at mom's house, not yours.  If mom's household has issues, it would actually jusitify limiting access to mom's household.  You shouldn't be penalized for her failure to reassure your daughter that she will continue to love her after the birth of the latest child.
It sounds like your ex- may be having financial isssues, and by seeking more possession and access, she will increase her right to more child support.. thus helping her with the financial strain of a new child. 
So... ya'll can file to make the arrangment permanent... or you can reach out to your ex, suggest that ya'll attend a co-parenting class together... and then see what you can resolve without the necessity of litigation.

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