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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1469
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have recently split with partner of 8'years.we aren't married, but have a 6 year old son. He is pushing for equal custody - splitting the weeks in half. I am really reluctant to do this. I want him to see his son but want to have greater,number of days in the week with me. Where do Imstand legally? Also worth noting I have 2 daughters from a previous marriage who are very close to my son. My ex husband has equal custody of my daughters.
Welcome to Just Answer
Thank you for your question.
Can I ask how long has the current regime been in place? Is your ex capable of meeting your sons needs - such as taking him to school etc
Kind Regards
Customer: replied 2 years ago.
We have only just split up so there is nothing in place. We have a nanny as we both work full time so she covers school drop off and pick up until we get home. This would be the same for both of us
Thank you for clarifying that for me.
The courts consider that it is in yours sons best interest to have a relationship with both parents when it is safe to do so and I note that you have no concerns in this regard.
Courts consider that both parents with parental responsibility should have equal status and input in relation to raising their child.
I note that you would prefer your son to spend more time with you and your ex disagrees. The courts really do prefer parents to try and agree rather than the matter having to be adjudicated.
If your ex doesn't agree then he would have to make a referral to mediation before he could make an application to court. If mediation wasn't successful in assisting you both come to an agreement then your ex could issue an application at court for the issue to be decided.
The court would make an order that they consider is in the best interests of your son. If there are no concerns in relation to your ex caring for your son and providing for his basic needs then you would need to argue that it is important that slightly more time is spent with you to be able to promote the inter sibling relationships. There is no guarantee that the court will agree - but the courts do definitely consider that sibling relationships are important.
Kind Regards
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