ANYTHING and EVERYTHING is negotiable in a divorce, including custody issues. The county will have a Standard Parenting Plan in case an agreement cannot be reached. You need to know what that says to give yourself a starting point in negotiations. I lost custody because of this career.
The Court will make its ruling based on "the best interests of the child". Craft your position with that standard in mind. Focus on what is best for the children and not what is best for you; that will give you the best shot at a favorable outcome. Immediately after the divorce, the legal standard changes from "best interests of the child" to "a substantial change in circumstances", so altering a custody agreement later can be extremely difficult. Regardless of how bad things might be for the children, if those are the circumstances that existed at the time of divorce, the "substantial change" standard might not be met and leave you up the proverbial creek. Take it from one who's been there.
Finally, go to the library (maybe online) and read the Family Code from start to finish.
Last edited by JobHopper; 02-21-2011 at 01:26 PM.
Reason: spelling