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Father advice for child custody. Can I divorce & get 50/50 custody of my son?Under 10yr of marriage wife entitled to my pension?

Spring Hill, FL |

I am a father of an elementary aged son. I have been married almost 9 years. Wife stopped working @ job of 10-12 years after son was born. The job I held through most of marriage offered good pay. I am now working @ different job making FAR less $$. My son is in school all day now, actually has been for awhile. He is in 4th grade & still my wife won't go back to work. She comes up with every excuse imaginable of why she shouldn't have to work & tells my son all day long shame on me for not bringing home as much $$. Big reason for divorce, critisizes me all day that $$ is tight vs helping. My son & I are so very close. I want this divorce but I need to know my chances of getting @ least 50/50 custody. No abuse/drugs on either side. What can I expect in custody/ support/ alimony/pension?

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Attorney answers 6


You should pursue rotational time sharing (50% 50%). If you both live in the same school district, there is a good chance rotational time sharing will be awarded.

She is clearly entitled to half of the portion of the retirement accounts earned during the marriage.

Mom needs to get a job. If alimony is awarded, it should only be of a durational period not to exceed the length of the marriage.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a “do over” if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Contact me to schedule a no obligation office consultation. While telephone calls, and email responses, are encouraged, please do not send text messages.

Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1401 Ohio Ave., Ste. B
Palm Harbor, FL 34683
Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500


You can seek and are entitled to 50/50 custody. Alimony will probably not be permanent but for a duration, if you can afford to pay it. Child support is statutory and a mathematical formula. She is entitled to 1/2 of the pension earned during the duration of the marriage, up until filing.


You certainly should ask for 50/50 and move forward with a reasonable expectation that you can get it. The big stumbling block for working fathers (and mothers) is their jobs. At the end of the day, does it make more sense for your child to stay in a daycare instead of with his mother in the name of "50/50" if your wife, even with a job, would be able to provide some relief in that capacity? That's today's Catch 22 of working hard your life and trying to raise your child right. Best of luck to you.

Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


Mr. Tsourakis and Mr. Rosemfelt did an excellent job of summing up a case for you. Best of luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272


See no problems on the 50-50. Child support is a given and spousal support will probably happen but not forever. Marriage is too short and guess on aging, she should be able to find a job. The pension earned during the marriage would be marital property subject to division.


The statute provides that it is the public policy of the state for both parents to be involved in their children's lives, so your chances are good.

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