My ex husband and I live together with our 4 yr old daughter. He has physical custody and we share legal custody. We've been
Divorced for 2 yrs now. He works part time and take her to school every morning and gets her ready. I pick her up from school as she goes full time. Ex works from 130 pm to 630 pm Tues to sat. With sun and Mon off.
Can I file for physical custody and both have legal custody. Ex say he is moving out with our son in the same city and will be filing for child support against me.
Currently I have every other weekend but since we live together for two yrs since the divorce it never applied. She always sleeps with her dad as she wont sleep with me or alone My ex provides health insurance for her and I have yet to because to expensive even though court says we both must provide. I make more then him and we both pay 250 each for her private school.
I feel she should live with me.
3 attorney answers
You can file a Request for Order to modify the physical custody orders. Since it appears to have been a significant amount of time since the court has made any orders, you will need to attend mediation. There, you will have an opportunity to agree as to a plan for physical custody, if an agreement is not reached, you'll have a hearing. The court will make physical custody orders based on the "best interests of the children" standard. Thus, you will need to demonstrate to the court why the orders and plan you propose are the best as far as your minor children are concerned. Issues such as getting the children to school and ability to physically care for them will obviously come into play. Since you're both living in the same city, and ostensibly are both good parents, a time share of 50% would not surprise me, but it will of course depend on the facts of your particular circumstance.
Legal custody refers to who will make "major life decisions" for the children. These would be issues such as school and health care choices. From what you've told me, joint legal custody sounds likely to be awarded. There are no facts given here that would indicate a need for anything different.
As for the financials, a parent who has the ability to provide health insurance reasonably available at a reasonable cost via his or her employer will likely be ordered to do so. Depending on your situation, you may be the one in the better position to provide health care. Uncovered health care costs are split between the parents.
I heartily recommend securing legal counsel for yourself in this matter. Remember that you can schedule a consultation with a family law attorney and the advice you're given there is strictly confidential. It sounds like you need to start working on a plan right away. A consultation will likely be a couple hundred dollars and worth every penny.
You are going to need to file a Request for Orders to explain all of the things that you do for your daughter. If you and your ex-Husband have both been involved, it is most likely that you will share physical custody on something close to a 50/50 custody schedule.
The posting and response to this online question does not create an attorney-client relationship. Further, it is impossible to predict what any given Court will do on any given day, and even more so when the attorney does not have the full set of facts or any information about the case history, the history of the Court's involvement, and the Court's prior rulings in the specific matter. So, this answer should be taken with the foregoing restrictions.
It will be necessary for your to file a motion with the court to modify the existing orders. It is best to speak to an attorney directly regarding the specifics of your case.