Will I have a better chance of getting 50/50 placement now that my child’s mother got fired from her job?

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Will I have a better chance of getting 50/50 placement now that my child’s mother got fired from her job?

Asked on September 11, 2012 under Family Law, Wisconsin

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The termination, by itself, doesn't quite get you there yet. If she was terminated for a reason that is morally reprehensible-- then that will be a factor in your advantage.  If she does not qualify for unemployment or find work soon or generally cannot find an alternative way to take care of the child, then you will have a much better chance of getting 50/50 custody.  It's just a bit premature at this point.  It will take some patience on your part, but you need to see how things flesh out before you jump the gun with a motion that may not pan out if she gets a new job quickly. 

You may also want to suggest to your ex-- that you take care of the child more frequently -- "to help her out".  This will help you if/when you file for joint custody to demonstrate that you stepped up to the plate as a parent and that it worked out well for the child to have more access to your household. 

Offer the extra time for the child in your home-- not more money for your ex-... if you are able to pay a larger amount of child support (which really ends up supporting her), then you could accidentally walk yourself into a higher child support payment when you file your motion.


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