Specific custody days

Posted in Children, Location, Montreal, Quebec by Questions on April 3, 2016

I’m going through a divorce with my husband. We both agree of 50-50 custody but my husband wants one week to have the kids 4 days and the other week I keep them 4 days. Problem is his work schedule doesn’t permit him to keep them for 4 days and he knows that but he wants it on paper. That’s not what I want because I know I’ll be the one who will be carrying most of the load since I have been a stay-at-home mom for the past seven years. What happens in this case? We have been trying to settle it Amicably with one lawyer but we cannot agree on this issue. Can we just put down that we will arrange the shared custody according to our schedules or does the judge need to see specific days in which the children will go to each parent? Thank you in advance

1 Expert Comment

  1. On April 4, 2016 at 2:10 pm
    Andrew Heft said:

    For custody and access purposes you do not need to write down the exact schedule. It is always recommended however in case of future disagreement.

    The exact schedule is also used to calculate child support, and it is usually necessary in all cases where the custody arrangement affects the amount of child support that would be payable. A judge will want to know how child support was calculated and if it is equitable and provides for the needs of the children. In your case you will most likely need to declare the exact schedule in order for the judge to make this evaluation.

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