I had a weird experience as a lawyer in a situation kind of like the one you’re asking about.
The ex-spouse didn’t end up with sole custody of the children, but one of the reasons (if not the controlling reason) why equal (50/50) physical custody wasn’t awarded blew me away: the custody evaluator said that she would have recommended 50/50 custody if not for her fear that if the court awarded 50/50 physical custody the mother would take out her “defeat” on the children by making them feel guilty and by trying to alienate the children from their father so that they would resent and refuse to exercise equal custody. For the sake of protecting the children from that possibility the court awarded the mother custody of the children 8 out of 14 days on a rotating 2-week basis. If that’s not capitulating to a form of extortion (however mild), then what was it?
Utah Family Law, LC | divorceutah.com | 801-466-9277