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Lennie8405 · Dec 16, 2012, 08:05 PM

My ex who I was not married to is bringing me to court for access to our daughter. As things stand he sees her 5 days a week, 4 of these he collects her from school as he finishes work at 1.30 everyday. And he has her over night for 2 nights. He is brining me to court for more hours at the weekend. I work mon-Fri 9-530 so I see her very little during the week so the only time I can spend with her is at the weekend. He also wants her every second christmas. Does anyone have any idea what a judge would order in a case like this? Thanks

smoothy · Dec 16, 2012, 08:07 PM

It all depends on the argument he puts forward, and the judge.. after all as the other parent his rights are equal to your own.

ScottGem · Dec 16, 2012, 08:10 PM

No one can guess what a judge will do. You just have to present your case, that he has sufficient access.

dontknownuthin · Dec 16, 2012, 08:28 PM

I would think that you would have a good argument against him getting half of the weekends since he has so much weekday access but you may have to give up some weekends. As for holidays, the customary arrangement would be sharing them equally. I can't imagine with that involved of a father the judge won't give him any weekends or holidays.

However, with your work schedule, you might be able to successfully argue that he get only every third or fourth weekend rather than alternating weekends, and perhaps you would get more of the more minor weekends if your work schedule minimizes your time with her. But I would be prepared if I were you for a judge to award half the major holidays to him and some weekend time.

I agree with Scott that nobody can predict what the judge will do not knowing your case nor your judge, but I think it's very helpful to be well acquainted with his petition, consider what his arguments are, and consider what would be a fair compromise in your mind so that you have in mind what you hope to end up with at the end.