Bubba,
Sorry to hear it but it will be better for the child in the long run. Bad marriages make bad childhoods. It took me a few years to realize that after my divorce and now that my daughter is older, she says the same thing.
Get it in writing. And make sure it is flexible enough for your Navy schedule, deployments and when your son starts school.
I understand where Groundpounder is coming from but there are ways to build flexibility in and still have cop protection of your rights. For instance, mine says 25 of 52 weekends with me telling my ex-wife via e-mail which weekends for the month by the 25th of the month prior. I had an instance where she denied me picking up my daughter. I took a copy of the e-mail and my custody agreement to the San Diego Sheriffs office near her house, the Deputy read the paperwork, we went to the house and the Deputy said "give him the kid".
My visitation has worked wonders for flexibility with my airline schedule. It is:
- 26 of 52 weekends, I choose by 25th month prior, no more than 2 weekends in a row.
- 2 nights during the week. If I live in the area, pick-up after school and return to school the next morning. If not, p/u after school and back to Mom by 8pm. I choose which nights and notify ex by the Wednesday of the week prior. I can't have kid on a Friday night prior to one of Mom's weekends.
- 1/2 Springbreak. My choice if 1st or 2nd half (CA schools get 2 weeks)
- 1/2 Xmas. Odd / even years for 1st half/Xmas or 2nd half/New Years.
- Every other Thanksgiving Break
- My birthday
- Father's Day
- Every other year kid's birthday
- 3 day weekends are part of weekend schedule - I get a lot of them because of this.
- 75% of summer vacation. Ex gets to choose a 2 week period at either beginning or end. Rest is up to me how much and when.
Also, paying for the kid to visit in most states (at lest NC and CA where I've had court) is a 50-50 thing. In my case I bought the airline tickets and ex reimbursed me 1/2. Judge gave her the option of I pay travel to me and ex pays travel back to her. Also this cost should include the cost for any adult that needs to travel with kid. Judge originally said Dad travels to Mom to get kid and return to his place. Mom travels to Dad to get kid and return to her place. Both parents pay for their own travel.
My ex-wife also can not move my daughter out of the county (San Diego in her case) without my permission. This is to keep her from saying "I'm marrying this Australian and taking your kid to Sydney" type of thing. I know more than a few that saw their kids go halfway around the world with the ex and her new husband.
The ex cooperates at first, but if she gets remarried.....Stepdad now has first right to YOUR kid in her mind and you're now an interference to "their" family. Your "whenever you want" visits all of a sudden start being severely restricted. Be thorough in the custody agreement and demand flexibility. It's better to fight it out now then try and change it latter.
Get the best lawyer you can find and have them review everything. It is money well spent and will save you both money and heartache later. Don't be cheap - you get what you pay for. What seems like a "good deal" never is and lawyering up will protect your father rights, visitation and wallet.