what are my options??? PLEASE HELP

[ehklbm1011]

I need help trying to understand my options and rights.

My husband and I have been seperated for almost two years. Neither of us has filed due to money restrictions and possibilities for reconciliation. It has come to a point where reconciliation is out of the question. My husband is a high functioning alcoholic and uses marajuana several times per day. With promises of recovery and getting help, I have offered chance after chance and have tried to work with him. Things just keep getting worse. We have 2 little girls ages 5 and 2. I was feeling guilty for tearing our family apart, however now I know it is in their best interest that things go this way.

For the past two years he and I have had a shared parenting plan. It started with 3 days per week and 4 days per week (him Mon, Tues, Wed and me the rest of the week). Talk about a crazy schedule! When our eldest started school I insisted on it being one week on and one week off.

I have a live in Nanny so the childcare is at my house he really only has them from 7:45 pm at night until 8:00 am in the morning and the weekend on his weeks. I never wanted to agree with this as I feel uncomfortable with him having the kids during the school week and for so much time, however as I said, the finances for a divorce have not been there and when I try to shorten his time he threatens to not bring the girls back. He has even barged into my home unnannounced, threatened my nanny, harrassing phone calls, the works.

Now the situation has just gotten more serious. Last month he was pulled over for a DUI. On November 7th he looses his license for 90 days. His addiction is obviously out of control and now that he has finally been caught and it's on record I feel like I have a leg to stand on.

I pay 100% of the child care (my livein nanny)
I pay 100% healthcare
I feed them breakfast/lunch/dinner on his weeks and my weeks (save for when he has them on the weekend)
Our eldest goes to school in my residential school zone
I make over double per year what he makes.

He says that he wants to keep 50/50 shared parenting plan and with that because I make so much I will owe him child support and need to continue to pay everything. I really do not think that it is in the best interest of our children to be with him 50% of the time. His addiction is now obviously way out of hand and has been progressively getting worse for a while.

He claims that he has retained a lawyer and that his lawyer says that there is no way I will be the primary custodial parent and that he will not get at least 50%. He said that Florida favors shared parenting plans and that since we have had 50/50 custody (unofficially) for the past 2 years that there is no way I will be able to change it now unless he has child abuse charges. He has become increasingly verbally abusive and is continuing to harass me as well as my nanny with ungodly amounts of phone calls throughout the day and night as well as text message.

My question is do I have a leg to stand on? Can I get sole parental rights of my children? What are my options?

[Attorney Cheri Hobbs]

While both children were young and not enrolled in school the shared time 50/50 did seem like a viable option. It appears that due to some recent events you will be able to make a strong case to alter the time sharing going forward. It would be extremely wise for you to invest in an attorney to assist you. An attorney will have the knowledge and caselaw to assist you through this painful journey. You can ask for sole parental but it will be difficult to get that. It is more likely depending on your county and judge that you will get shared parenting (where you both work together to make decisions for the children) and majority time sharing.