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Chances Of Father Getting 50/50 Physical Custody In Mn?

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Chances Of Father Getting 50/50 Physical Custody In Mn?

Postby Spere » Sat Oct 07, 2017 6:24 pm

My brother has an adorable 16 month old baby with a gal he was never married to. He has his doubts the baby was his since she slept with 4 men within 6 weeks before an after conception. She said she didn't tell him it was his because she didn't want to burden him with a baby (he's 26, come on) but long story kinda short, he finally found out through a county DNA test (she was on county assistance along with her other 2 kids) when the baby was 5 months old. He sees him about every other weekend, rarely any overnights and she takes his time away when she's frustrated with my brother (I know she doesn't legally have to give him anytime but it's common descency). Not saying my brother was a perfect boyfriend when they were together but since the day he found out, he's doing the best he can.

He pays full child support and is working on paying the back child support (for the 5 months he didn't know or see him at all), he has dental & medical insurance on him, a home, a room, everything the baby needs even though she won't let him stay at his house (which is 85 miles away) no matter what. She's actually back with her ex-husband which is weird but whatever I guess. After a year of knowing, we finally had court for custody and my brother is asking for something closer to 50/50, week with him, week with her until he starts K. Then he agreed to let him go to school where she lives and he would get less visitation while in school. He's compromising on everything he can and she doesn't want him to have ANY overnight visits, not at his house, only every other weekend, sole custody. We fell like she's just not giving at all and he's being the best dad he can be. All in all, it's a black and white case of baby mama drama.

Just looking for the general public's thoughts... do you think he has a shot at getting something closer to 50/50 physical these days? We're in MN. Thanks in advance while we wait for the judge's decision!
Spere
 
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Joined: Sun Apr 06, 2014 4:38 am

Chances Of Father Getting 50/50 Physical Custody In Mn?

Postby Nortin » Sun Oct 08, 2017 7:16 am

Depends on whether he is willing to do the work and prepare the chain of evidence needed for the case. James Cook, the father of joint custody was a friend. He helped in the development of the section in the Dads House Manual covering it. http://dads-house.org/FatherCustody-CanT... http://dads-house.org/GettingStarted-Fat... http://dads-house.org/Attorneys-HiringTh...

http://www.facebook.com/groups/MN.DadsHouseEdCtr/

http://ChildSupportRights.org/WhatPayersNeed2Know

???????????????????????????????????????...

Federal Child Support Enforcement Handbook for Non-Custodial Parents

http://childsupportrights.org/

???????????????????????????????????????...

To learn a father's rights, join Dads House Educational Groups.
It's free to join and access all materials. You also associate with other fathers going through, or already gone through, the same issues.
We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues.

http://dads-house.org/

http://www.youtube.com/DadsHouseEdCtr

???????????????????????????????????????...

For 22 years, I have volunteered my time working with divorced/single fathers dealing in family law issues, such as child support, teaching them about what the states are not telling support obligors.

--------------------

Posted to Dads House Facebook Page

http://www.facebook.com/DadsHouseEdCenter

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Nortin
 
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Chances Of Father Getting 50/50 Physical Custody In Mn?

Postby MacFarlane » Tue Oct 10, 2017 10:32 pm

I believe anything close to 50/50 is a really bad arrangement for children, especially this young, regardless of the circumstances. The attachment with their primary care giver is so important to their development and I believe it would be downright cruel to take a child away from his caregiver for days at a time. The child is too young to understand and it would be very damaging to him. I don't understand why dad wants this if he is willing to give it up when the child begins school. He would need to be willing to move closer for this to work. If the child is in daycare does he expect to take the child to a different daycare when the child is with him? That is too much to put on a little one.

I believe from what you are stating that his chances for getting joint legal and physical custody are very good, unless there are things that would make him unfit in the eyes of the court that mom can prove that you haven't mentioned here. I don't know exactly how much time he is already getting with the child, but I highly doubt the judge is going to give him anywhere near split time. If the child is doing well where he is then it's unlikely the judge is going to change things up too much because it will not be considered in the best interest of the child- because kids need stability, routine, and that all important attachment with their primary care giver that is so crucial, especially in the first 3 years.

He should really consider moving closer if he wants to be more involved, and I think right now he should rethink what he should be asking for because from what it sounds like both of these two are asking for the max they could get and neither one of them are necessarily looking at this from the perspective of what is best for the child. Either way, best of luck to him and the little one!

ETA: If you care to add more details, I'm curious what claims mom made in her request for sole custody, and also if the two of them have attorneys representing them? I'm also very curious what the judges decision is, if you wouldn't mind updating with that info, thanks!

Also, questions of this nature usually do a little better in the 'Politics and Government- Law & Ethics' section of Answers.
MacFarlane
 
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Chances Of Father Getting 50/50 Physical Custody In Mn?

Postby Gervase » Wed Oct 11, 2017 12:21 am

It sounds like shes a gate-keeper mother, wants everything to go her way or no way.


I was reading the other answers before adding one.
The answerer that said the child needs stability at this young age is correct.
I'm sure your brother is asking what he thinks is best, showing that he is indeed a very caring father.
However, he would have to move closer, before he even thinks of 50/50 split custody.
85 miles away is too much distance between, to consider equal joint custody.


She probably is recieving full child support benefits.
Perhaps your brother and his attorney could offer another option, a cut in the payment amount may go a long way in convincing the mother that the father is indeed an important addition to the family.
Maybe that's the reason she's back with her ex-husband.
Is this ex planning to adopt your nephew ? This could be another reason for her to ask for sole custody.
If your brother is serious about keeping the child in his life, these should be questions to ask his attorney.

Also, the guy from the Dad's House is very imformative.
You should check out his websites mentioned, your brother could only benefit.
Gervase
 
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Chances Of Father Getting 50/50 Physical Custody In Mn?

Postby Cormac » Thu Oct 12, 2017 12:21 am

Typically in the past Minnesota has been gender bias against the fathers. However due to dilligent work from many estranged fathers and legal professionals the tide is turning. More and more studies are showing that it is equally important for a child to have parenting time with both mothers and fathers and that a father figure is no substitute for the real thing. That being said I think your brother would have a better chance if he were closer.
Cormac
 
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Joined: Mon Jan 20, 2014 4:54 pm


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