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My wife left me just over a month ago to live with her new boyfriend, we have a son who is almost 4...I have him 5:5 hrs a day during the week, plus every other weekend he stays with me Friday and Saturday night, his mother picks him up Sundays at 12:00,.
My questions are:
1. Will i have a case for joint custody ? as my wife threatens to take my son back to Poland if her relationship with her boyfriend fails.
2. Does the amount of time I have my son effect my maintenance ?
Any help and guidance would be most welcome
Would your ex be in favour of joint custody? If things are good between you, it might be worth discussing the possabilities. Have you sought any legal advice yet?
Not seen legal advice, have appointment next week.
She has said no to joint custody, think this is because she has a son in Poland she does not see anymore.
This is something I will fight for.
You may be able to get a prohibited steps order preventing her from taking your son permanently out of the country - the problem you have is that with residence, she can take him out for up to 30 days - if you think there is a chance that she may leave and not come back, then you need to express that fear (she has family/network over there, so there would be grounds) to the court.
maintenance under the CSA rules is dependant on your takehome pay, but then reduced by 1/7th for each 52 days per year that your son stays overnight with you.
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