80/20 Placement of childern

Legal Q&ACategory: Family Law - Divorce & Custody80/20 Placement of childern
Bryan J asked 7 months ago

My wife wants a divorce and I want 80/20 placement of the children (6yr and 3yr) during the school year and summer. I will live in the current family home which is 3 blocks from school and close to the after school provider. we both work in the same city (15mins from current home) and she wants to move an hour away from the kids school/home. I dont think it would be a good idea for overnights on school nights for the kids to drive the hour back and forth. The kids are also involved in after school extracurricular actives ( that I help/coach) that will end at 630PM on some nights. We are both willing to co-parent peacefully and I am willing to let her have the meaningful time during the week, but I think they should sleep in their own beds and have consistence during this time of divorce. What are my chances of succeeding in this?

1 Answers
Sally answered 7 months ago

First of all, I applaud you for thinking of your young children during this tough time and for clearly being an involved dad. Have you considered a joint custody agreement and coming to an agreement on what is best for the kids during the school week, weekends, summer and going forward? That could be a more fluid approach to changes in the children’s needs and not making it a court battle.
Fighting for a rigid 80-20 sounds very one-sided when young children need both parents. I suspect that approach would send either one of you airborne if you were the person with only 20% on an ongoing basis, particularly if you would have to go back to court any time you want to change it in the children’s best interest. I suspect a judge might look at it the same way, but I’ve never been in family court so someone who has might be able to comment on that.