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My husband and I have a 2 yeard old daughter. We have just

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decided we will be getting...
My husband and I have a 2 yeard old daughter. We have just decided we will be getting a divorce. He wants to keep as much of it out of the courts as possible. However we cannot agree on custody over our daughter. He thinks it is responsible for her to live one week with each parent. I do not think that is healthy for a 2 year old, concidering we both work full time. I advised I would prefer for her to live with me since I am her mother, He can have everyother weekend, since I would still like to have weekends with her while I am not at work. And maybe we could work out one or two days during the week where he has her. He says that will not happen and that the courts will not allow that because he is not an unfit father. I admit he is a great father, but I feel it is to unstable for a two year old to have a different home every week and also different care providers while we are at work. I will be living with my parents and my mother watches our daughter while I am at work. So she will be staying in the same household. While she is with her father his mother watches her. So she would go from His house to his mothers during the day for one week. then back to my house. Ofcourse this is only what he wants..I feel that is unstable. Is this worth taking to court? Would I get custody and have joint legal custody with him?
Submitted: 6 years ago.Category: Family Law
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Answered in 6 minutes by:
6/1/2011
Family Lawyer: Tina, Lawyer replied 6 years ago
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
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Thank you for contacting Justanswer.com.

KS law sets out the following factors to be considered in awarding custody typically:

the child's adjustment to home, school and community; the wishes of the parents and the child; which parent will most cooperate in helping the child maintain a relationship with the other parent; and evidence of spousal abuse. Neither the mother nor the father is preferred because of sex.

See the following link for more information:

http://www.ksbar.org/public/public_resources/pamphlets/child_custody.shtml

Courts tend to prefer joint physical custody if feasible, all other factors being equal. Having different child care providers would typically weigh against a joint custody arrangement. However, the fact the providers are also family mitigates this typically and courts are willing to seriously consider such arrangements if the arrangement is not too disruptive to the child.

Since each child and situation is different, you would typically need to produce credible evidence indicating it would not be in the child's best interests to award joint custody. If not, some period of time each week is likely to be granted to the father, not every other weekend.

Good luck and take care.

Tina

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Category: Family Law
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