Will custody change during divorce proceedings?

[blcprc]

Hi, I need advice!!
My stbx and I have been married for 9 years. She is guilty of marital misconduct(adultery)! Well I'm filing it anyway, with the large amount of evidence I have. We are in MO! We are both good parents! For the past three months since our seperation we have been doing 50/50 custody(2,2,3)! I'm pleased with the < parenting time > and I want my stbx to be a part of our children's lives just as much as me! We are communicating well with all issues concerning our children! But her parenting plan is for me to do the every other weekend thing! She feels that since she is the mother that our two boys,3&6, need to be with her more! I do not want this!!!! I am very close to my sons!! And I cannot dream of only having them six nights a month! The stbx has very bad health problems and travels at least twice a month for work! I am anticipating a custody trial in the future as I cannot reason with her on the < parenting time >! So my question is, is a judge likely to change our visition although we have been doing it this long?

[Fatheroffour]

Is the current schedule by mutual agreement or the result of a temporary hearing?

[blcprc]

Mutual

[Fatheroffour]

It is certainly in your advantage to keep the current situation going as long as possible.

Has divorce been filed yet?

[nighthawk]

FOF , don't you think he would benefit from trying to get more time now?Especially since he agreed to this status queo

[blcprc]

Yes, she filed three months ago to this day. We have been doing this < parenting time > ever since! My kids have gotten used to it and I'm afraid say a year from now, a sudden impact or change in < parenting time > could REALY confuse them! The stbx knows I'm a good father and I just don't understand why she is doing this!

[hoosier_dad]

What were the circumstances of the separation, did you move out or did she? How close do you live to your ex? You've been doing a 2-2-3 schedule for 3 months, that's a 50/50 custody schedule based on overnights correct? How well do you have that documented, via emails with the ex, journaling etc?

Custody is not likely to change if you can show good evidence that this schedule has been the status quo, and that this schedule is not causing issues with your children. Other factors could be if you moved out and are a pretty good distance from the marital residence.

[cdavis]

This will vary by jurisdiction, but in mine I was told judge was likely to pick a primary unless we mutually agreed to another arrangement. The temporary custody, wither it was by a court order (temp custody, protective order, etc) or mutual agreement would have very little impact on anything. I have had over 50% because from agreements and court orders on temporary basis and I was told it would not help me.

[hoosier_dad]

The temporary custody, wither it was by a court order (temp custody, protective order, etc) or mutual agreement would have very little impact on anything.

Probably the most incorrect statement I've ever seen on this site.

[Fatheroffour]

The temporary custody, wither it was by a court order (temp custody, protective order, etc) or mutual agreement would have very little impact on anything.

Rong with a capital W!

I have had over 50% because from agreements and court orders on temporary basis and I was told it would not help me.

Status quo is king.

Just out of curiosity, who told you this. Your wife? Opposing counsel?

Surely not the attorney you are paying good money to sell you down the river?