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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello, I am a married woman with a three year old daughter.

Customer Question

Hello,
I am a married woman with a three year old daughter. I feel I can no longer live with my husband and would like to separate. We have been married for seven years . When our daughter was born it was agreed that I would stay at work because my wage was greater than his . He would work two days a week and my parents would look after our daughter on those days . His parents live abroad and have not seen our daughter except for 1day.
I would like to know how do I stand on getting custody of my daughter as my husband looks after her for three days a week but she now has started per school and goes to school on two of those days
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
How would you intend to share the child's time between you?
Claire
Customer: replied 3 years ago.
As equally as possible. We would both have to re-assess both our work situations, so that child care is split equally and as fairly as possible.
Expert:  Clare replied 3 years ago.
Hi
The fact that he has been so actively involved in the care of the child means that he has a strong claim for a Shared Residence or even a Residence order.
It is therefore important that you negotiate a shared residence arrangement with your ex using Family Mediation (www.familymediationhelpline.co.uk) as a Court application would not necessarily resolve in your favour.
You can get help and information here
http://www.divorceaid.co.uk/child/parents.html
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Claire,
If we split up is there a chance that I would lose custody altogether.
It seems unfair that because I have supported my family by going to work which is what we felt was best for us all . .that myself and my parents who have looked after her for two days every week for three years would lose her. . Would circumstances change when she is in full time education and no need for my husband to stay at home and he could go back to full time work.
Expert:  Clare replied 3 years ago.
Hi
Shared Care is becoming more common and would seem to be the likely outcome in this case especially given the extensive involvement of your parents
It is unlikely that you would not be having regular over night contact even if there is not a shared care arrangement - but once arrangements are settled then they only change if the needs of the child change - not simply because she has gone to school
Claire

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