Child custody when I work full time - advice needed

2

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Caroline_a wrote: »
    You seem incredibly focused on how lazy your wife is. I really don't think you can judge what her days is like looking after 2 young children (one just a baby) by a week's looking after the older one. Having a baby and a toddler is damn hard work - and there is also the possibility that your wife is suffering from some PND, particularly if you have such a downer on her! Additionally, why on earth did you have a second child?

    With your current job role I would say that full time residency is not possible for you, so you have to accept that should you separate the children would stay with their mother, and you would have to apply for access to see them at weekends, and possibly once during the week if you aren't travelling. Additionally, the court would probably order that the children with your wife can live in the house until the youngest child leaves full-time education. You would be responsible to pay for child care for the children - Nope. , plus you would also have the responsibility to the mortgage company to continue to pay your mortgage. - And charge the wife for half the rental value of the property?

    It's not a great outlook for you, I would agree. Perhaps it's time to sit down with your wife to see how you can take this forward, in a civilised and amicable way.



    Any reason why you're using scare tactics on the OP?
  • Caroline_a
    Caroline_a Posts: 4,071 Forumite
    I was in error when I put 'child care' - I meant child maintenance. I think you'd agree that is correct, particularly if she goes to the CMS?

    Regarding the mortgage, this appears to vary in every case - for example if you read the (very lengthy) thread above, if my memory serves me correctly, the OP there had to continue paying the mortgage.

    I'm not saying it's morally right, I'm just saying this is what could happen, hence why sitting down and discussing things at least to start with may be a good place to start.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Caroline_a wrote: »
    I was in error when I put 'child care' - I meant child maintenance. I think you'd agree that is correct, particularly if she goes to the CMS? - Obviously.

    Regarding the mortgage, this appears to vary in every case - for example if you read the (very lengthy) thread above, if my memory serves me correctly, the OP there had to continue paying the mortgage. - Define 'had to' - a court doesn't order that. Often they'd pay the mortgage and discount that from the maintenance.

    I'm not saying it's morally right, I'm just saying this is what could happen, hence why sitting down and discussing things at least to start with may be a good place to start.



    I'm not making a moral judgement, I'm making a legal point
  • TBagpuss
    TBagpuss Posts: 11,199 Forumite
    First Post First Anniversary Name Dropper
    Child Arrangements (Custody is an extremely old-fashioned trem and isn't used today) are based on what is in the best interests of the children.
    If you care currently working in a job which means you are unavailable a lot of the time, then shared care, with the children spending similar amounts of time with each of you, s not going to be a practical option in the shport to medium term. I understand that you cannot simply change your job or working pattern overnight but it may be sensible for you to start thinking abut what you might be able to change in the loner term, so that you can be more available, and also about what you may be a able to change short-term so that you can be available consistently and reliably.

    (e.g so that you can commit to having the children at set times on a regular pattern, or at the very least so that you can give reasonable notice of your availability)

    Longer term, in looking at the financial side of things, a court (if the two of you can't agree)have to try to be fair to you both. It is generally reasonable for both parties to be working to become financially independent, and long-term spousal maintenance is very uncommon these days. However, with a small baby, it's unlikely to be reasonable to expect your wife to go out and get a job immediately, although it would normally be reasonable to expect her to be working part time once both children and in school / pre-school.
    Unless either your wife, or one of the children has disabilities or medical needs which require additional care i is unlikely that it would be considered reasonable to expect you to pay for child care if your wife is not working.

    A court has to consider both parties needs as well as the needs of the children - this may mean downsizing to a smaller house so that a mortgage can be reduced or can become affordable.

    Longer term, a court can look at both of your earning capacities, as well as current income, so while they are likely to accept with a child under 1 and with you working away a lot so not available to look after the children it is not realistic to expect your wife to start wrk now, that she iwll, within the next 3-4 years start to have some capacity to earn for herself.

    https://www.entitledto is useful in working out waht benefits / tax credits she might be eligible for in different situations.

    If you have not already done so, then do see a solicitor.

    Also, although you are clearly unhappy with you wife, try to look at things from her perceptive as well. Being a lone parent is very hard, and caring for a 4 y.o and an infant is incredibly hard work, even if you have help. Does your baby sleep through the night yet? Is it you, or your wife, who gets up to care for it? Given how much travelling you do, how much are you able to do around the house? Or is your wife also doing all/most of the housework and cooking as well as caring for the children? What emotional support does she have? Being effectively a single parent can be very lonely and isolating.
    Have you talked to her about how she feels? Is it possible that she may be suffering from Post Natal Depression (depression can look a lot like laziness)

    those questions may not bring you to a point where you change your mid about ending the marriage but if you stop and think about the responsibilities she is taking on, as well as the ones you are carrying, you may be able to start any discussions with her with an open mind, both about where the relationship is going and hpow you manage the new situation if you split up.
    What attracted you to wach other to start with, and when did things change? Think about whether thereare things either of you (or both of you) could do to improve the relationship, whether it turns out to be a continuing marriage or a split where you both continue as good parents to your children.
    Also - consider your own health. Are you well? The type of job you have sounds quite stressful, and feeling that you are solely taking responsibility for all four of you must create a lot of pressure, too. If you are stressed or even depressed yourself, that will have an effect on how you behave and also on how you perceive your wife's behaviour, so do consider whether you might benefit from speaking to you Gp before you take any other steps.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • onomatopoeia99
    onomatopoeia99 Posts: 6,957 Forumite
    First Anniversary Name Dropper First Post
    Caroline_a wrote: »
    You seem incredibly focused on how lazy your wife is. I really don't think you can judge what her days is like looking after 2 young children (one just a baby) by a week's looking after the older one..

    Given that the opening post says she refused to work at all before they had children and also when they had one child with four days of childcare a week in place, one can understand why he might feel like that. I imagine he has a fairly good idea what life was like not working with no children, for example, and it sounds like this has been brewing a lot longer than since the new baby arrived.

    I imagine someone will be along to explain why it's necessary for a married woman with no children to not work at all and why they can't return to work part time with four days of childcare covered and only one child, as was the case until quite recently.

    Not right now as there's a newborn, but if she would return to work 3 days a week it could take the financial pressure off the OP and potentially allow him to get a job that didn't involve travel and therefore allow greater involvement in the children's lives. That would be better for everyone, at least it seems to me, though it would involve the wife in turning off daytime TV.
    Proud member of the wokerati, though I don't eat tofu.Home is where my books are.Solar PV 5.2kWp system, SE facing, >1% shading, installed March 2019.Mortgage free July 2023
  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    I'm guessing that the OP will be looking to find a new partner. That will be easier without the children in tow ; but when he has a steady relationship, getting part-custody may be easier.
  • bagpussbear
    bagpussbear Posts: 847 Forumite
    OP you mention her being abusive, when did this start? before or after having kids? I am just wondering if there is some sort of post natal depression occuring here.

    You have such a low opinion of your wife. Do you call her lazy to her face?

    You seem to have built up such resentment, but if you were not happy with her not working once you were married, this should have been discussed at the time. Sounds like both of you have gone into this marriage with different expectations.

    Looking after young kids is not easy. Doing it for one week is not representative of how it is long term. I was going to suggest that maybe you swap roles! however, seems communication has broken down so perhaps that is not an option.
  • seven-day-weekend
    seven-day-weekend Posts: 36,755 Forumite
    Name Dropper First Anniversary Photogenic First Post
    if the situation with the wife's lack of working is as the OP says it is,and not due to ill health or anything, then I fail to see why he should pay any spousal maintenance. Just pay for the children.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    if the situation with the wife's lack of working is as the OP says it is,and not due to ill health or anything, then I fail to see why he should pay any spousal maintenance. Just pay for the children.

    That argument didn't hold on Jack's long thread. :(

    It was the fact that his wife hadn't worked that meant he had to maintain her, even though there was nothing to stop her looking for work as their children were much older.
  • seven-day-weekend
    seven-day-weekend Posts: 36,755 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Mojisola wrote: »
    That argument didn't hold on Jack's long thread. :(

    It was the fact that his wife hadn't worked that meant he had to maintain her, even though there was nothing to stop her looking for work as their children were much older.

    Oh dear. How enabling.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards