I have a 8yr old boy & I recently split with my ex. We were together for over 12 yrs on & off because of his life style. Yesterday we had mediation but could not settle because he wants 50/50 custody. He has an unconsistent life style, he is a disc jockey/music producer. This man does not have a 9 to 5 pm job & doesn't work everyday but whenever they call him up.He also travels around the world alot. He proposed every other weekend & 2 weeknights & if he works that night before he will have his mom take my son to school. He has another daughter from an affair he had behind my back which he pays close to $1000. mthly on child support but sees that child once a month if so. It's obvious he wants 50/50 to reduce my son's childsupport. He hasn't even turned in all his financial statements.
Family Law Attorney
The particulars of your case do not give a strong argument for a judge to award split custody, but the default in Florida is now equal time sharing. Therefore, I would recommend that you get the assistance of an attorney that can help you determine the best course of action for your case. The child support for the second child is not taken into consideration with respect to your child, but the overnight visitation does. With the visitation you mentioned, it sounds like exactly 40% of overnights, which is sufficient for a modified child support obligation.
Divorce / Separation Lawyer
Seems to me to be a very close case that you should not be trying to handle without a lawyer. Get a good lawyer you can work with and follow his/her advice.
This is for informational purposes only and is not legal advice upon which anyone should rely. Nor does it create any attorney client relationship.
Stanton L. Cobb
Board Certified Marital & Family Law Specialist
Fellow - American Academy of Matrimonial Lawyers
P.O. Box 149223
Orlando, FL 32814-9223