Modification of Decree in Texas

[lovely12]

Ex and I set our own visitation schedule 5 years ago when child was 2. He has 1,3,4 and 5 weekends, along with wednesday evenings, though he has never taken her that evening. I have her through the week and 2nd weekend. But basically, per decree, he has 4 nights out of 7, though he only takes her 3 nights for the weekends that he has her. This was because I was home with her all the time during the week and he worked. We are joint, but I establish the childs residence as well as receive child support. Now that she is in school and he has moved about 15 miles away, this schedule is no longer working for several reasons. Ex is fighting this, does not want to give up even half a day of a weekend or a night. I have given him as many options as I can think of to split the weekend time better, including sharing her during the week and still sharing pretty much 50/50, but he wants the schedule to remain the same and is prepared to fight me on it. My attorney is currenty filing for standard visitation with the option of extended. He feels very confident I will get it, but I also hear how judges do not want to change a schedule unless there is good reason. The reasons are that the schedule was estabished while she was still an infant. (I did not take the school years into consideration when making the schedule for my 2 year old. I know, my bad.) Also, he has moved about 15 miles away so she is out of her school zone every weekend except one a month. Does anybody know? Thanks!

[seniorjudge]

Is it fair to say that you are wanting to decrease dad's visitation?

[lovely12]

If we cannot split the schedule more 50/50 now that she is in school, then standard woud be the only alternative is what I am being told. I don't want to take time from him, and I am willing to do week on/week off or anything as long as some of his days/nights also included school days/nights and not just the weekend daddy. I have been trying to work a schedule so he could see her EVERY weekend, just not so long, and during the week as well, but not necessarily decreasing his time. I lost the majority of my time when she entered school, but all his time stayed the same. I am just trying to work a compromise, anything. But he will have nothing to do with it, so my attorney is telling me the only alternative is to go standard.