Can I modify a 50/50 custody order based on a parenting schedule that has differed in practice for the past three years?

Family Law

Liz

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You would actually, because now the status quo has changed. He also would have to justify fighting it, since he is the one only seeing the child one to two weekends.

That's perfectly legitimate. You could offer to mediate an agreement with the support. The court standard is also the best interest of the child. The fact you care for him except for weekends very much matters, as does the fact you handle all of the responsibilities of parenting—doctor’s appointments, extracurricular activities, dentist visits, etc.

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Hi! I have a custody agreement with my ex where we have 50/50 week on and week off. It’s been over 3 years since we followed that. I have my son a lot (weekly), and he gets him some weekends (maybe 2 out of the month). Do you think court would let me modify that?

Lexi, Chatbot

I understand that navigating custody agreements can be challenging. Have there been any significant changes in your or your ex's circumstances since the original agreement was made?

I get our son on every weekday and Sunday nights. I also am married with a house.

Lexi, Chatbot

How has your son's living situation and needs changed over the past three years?

He needs a consistent schedule. He has a mental illness. I take him to school and get him on the bus.

Liz

Hi there! Welcome. My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, do you also get support?

Support how? The dad pays $125 weekly on Venmo.

Liz

Apologies, I meant child support.

$125 weekly on Venmo.

Liz

Understood. I was asking because you could seek to modify custody to reflect the actual custody. That would, though, usually also change the support amount, as that is based on the time you spend with the child.

My question is though, if he tries to fight to go back to week by week even though it’s been 3 years, do you think I’d even have a chance to fight that? He’s with me most nights (our son). I do school, appointments, etc.

I'm just afraid of him and don't want to fight him, but I want what we are doing in writing. It’s what is best for my son. Me having him Sunday night through Friday evenings. Does that count for anything?

Liz

You would actually, because now the status quo has changed. He also would have to justify fighting it, since he is the one only seeing the child one to two weekends.

Thank you so much. He’s done maybe 3 appointments in 3 years because I basically forced him to. It’s sad for my son. Thank you for your help.

Liz

You're very welcome. Have a wonderful night!

Liz

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