I'm also afraid that if we "try" and it doesn't work, I'll be in a much worse bargaining position about the children and finances... though time with the kids is 100% the most important thing to me, and I know that custody arrangements can be readdressed at any time. (Anyone reading here with experience-- would it count in my favor if I had physical custody of them now if he went to have an R with his AP, it didn't work out, and he came back wanting 50/50? My guess is that the courts would give him 50/50 as long as he is a good dad, wants it, and has a good,safe place for them-- is that correct? or would there be some leaning towards me just because he didn't fight for 50/50 from the beginning?)
Hi May,
Typically the court both likes to avoid dramatic changes for the kids AND work towards 50/50 if the lesser-custody party's willing. If he were at 0% custody and wanted 50/50, I don't see it happening overnight. It's too big a change. The court may begin with daytime custody, transition to every other weekend, then 50/50 over the course of 18-24 months. That's more or less the process I've seen proposed or enacted in the three cases related to my family. He'd get to 50/50 if he consistently pushed for it without breaking any laws.
