First time before the judge...

[NicholeDR]

I live in Las Vegas, Nv. My Pretrial Memo is due 10/01/08. Trial date for divorce & child custody is 10/08/08. We married 9/20/05 which resulted in a 2 1/2 yr old daughter. My husband & I separated Jan 07. My spouse wants full custody or shared custody. It is my understanding shared is six months with him and six months with me. I do not believe this is in the best interest of my child. Since our separation my child has been in my physical custody per the judges order on 8/31/07 as we went to court for domestic abuse against me. At the same time the child support order of $450 per month was set which barely pays daycare. . His visitation was set at 1 p.m. Saturday thru 7 p.m. Sunday which is not consistent as he fails to communicate his wish to fulfill his visitation rights. Hence, the visitations are few and far between. I deliver our child to him. Should I be asking for full, shared or joint custody? What is the difference? I will request the standard 18% of his gross wages. Should I be requesting anything additional? If so, what? I cannot afford an atty. Just got a new job after being unemployed for 3 months. What is my best bet from here? Please help. He has his own attorney. I have to represent my own self.

 

[irish223]

Do you have any marital assets? If so, those can be used to pay for your lawyer. If he has one, you really need one too.

Shared custody is usually 50/50 time with each parent, or something similar. It isn't 6 months with each parent, but may be 3.5 days per week with each. Or, it may be 3 days with one and 4 with the other. It usually means more time with each parent than the traditional visitation schedule.

Joint physical custody is pretty much the same thing.

Joint legal custody means that the parents share equally in all major decisions affecting the child.

Sole custody means that the custodial parent makes the major decisions and has primary physical custody. The noncustodial parent is awarded visitation. Traditional visitation is every other weekend and holiday, and extended visitation during the summer.

You should ask for a share of the child care expenses in addition to the child support, as well as medical coverage for your child.

Consult with an attorney. You may also be able to ask that he pay your attorney's fees.

 

[Duranie]

Shared parenting is 50% parenting each, but that is relatively rare. Joint custody is very common and usually the CP has more time but both parents will gave some say on legal decisions made for the child. Why can't you guys settle? Will he agree to joint custody with you being residential parent and him having a liberal visitation schedule? You still will get child support, it is based off of both parents incomes and parenting time. If he has an attorney and you do not that is not good. If I were you, see what you 2 can agree on. Have you called legal aid? Can you borrow money for an attorney?

Don't make this about child support, there are other things factored into it anyways. If he carries insurance for the child that is adjusted, your income is also used and there is usually a parenting time discount. I would ask for the tax credit to claim the child. Holidays are usually split along with birthdays, etc..

Transportation should be shared. Generally he picks the child up for visits, you pick up when visitation is over. How far apart do you 2 live? Out of pocket medical should be split according to incomes.

You really should try to get some counsel.