Can a Father Ask for Less Visitation

My question involves a child custody case from the State of: NY
Can a father who has half legal and physical custody of his child decide he wants less? My fiance would like to modify his current visitation order that gives him one week on one week off to just having his daughter every other weekend. Can he just file to reduce his parenting like that with modification paperwork?

....sure, they can file a stipulated agreement with the new schedule.

I do not recommend he does this, but it's up to him.

Why is it not recommended? He says he really wants it changed to every other weekend since mom wants to keep her in her school District which isn't the same as dad's. Mom has history of keeping daughter during his visitation time but he doesn't want to follow through with a violation, he just wants to so he has daughter every other weekend (same schedule as his older daughter)

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Quoting Dogmatique

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....sure, they can file a stipulated agreement with the new schedule.

I do not recommend he does this, but it's up to him.

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See this thread for more information. This is the NY Dad that wants to whine and moan, file in court and not follow through.

Boo, I don't know if that's a fair assessment of the situation.

Dad filing for less time could result in an increase in support (unless NY is a state that doesn't take time share into consideration) and since dad is already having difficulty exercising visitation this will make it even harder.

Not a good move. Truly.

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Quoting EA1070a

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Boo, I don't know if that's a fair assessment of the situation.

Dad filing for less time could result in an increase in support (unless NY is a state that doesn't take time share into consideration) and since dad is already having difficulty exercising visitation this will make it even harder.

Not a good move. Truly.

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It is a very fair assessment. OP says as much herself. You can read OP's initial thread here.

NY is a flat-rate state when it comes to CS, if memory serves me correct.

A bit o' Google later....

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Support Establishment

Local child support staff will assist custodial parents to file a petition in Family Court to obtain a child support order. Information about the noncustodial parent's ability to pay is presented to the court to use to calculate the support amount. The court uses a standard guideline to figure out what the noncustodial parent will pay. The child support amount is based on the noncustodial parent's adjusted gross income and on how many children are involved. The court multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are

17% for one child,
25% for two children,
29% for three children,
31% for four children, and
at least 35% for five or more children.

A share of child care, medical, and educational expenses is added to the percentage amount. The share of expenses plus the percentage amount equals the basic child support amount. The standard guideline percentage is applied to almost all parental income up to $130,000 (minus certain local and Social Security tax amounts). Income includes worker's compensation, disability payments, unemployment benefits, Social Security payments, and certain other forms of income. For annual income over $130,000, the court determines whether or not to use the percentage guidelines, and the court may consider other factors in setting the full support award.

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https://www.childsupport.ny.gov/dcse..._services.html

Yeah, running a fever of 102.6 right now so not really with it and didn't feel like looking up their CS guidelines. :P

If memory serves wasn't dad's mom interfering with everything? I know dad didn't follow through but it seemed to me that his mom was the troublemaker.

At any rate, this is a disastrous idea and sends the wrong message all the way around.

Stepmom - this is from one stepmonster to another. I had previously answered your initial issues, and while I realize you're not a saint I'm pretty sure your wings and halo are on order. With that in mind:

Dump. His. Ass.

You are going to end up being treated the exact same way and from where I'm sitting he really doesn't deserve your attention. He's being a little boy, letting his Mommy run riot and I cannot fathom - I really can't! - why he doesn't pull up his big boy pants and deal with his mother first and foremost.

(Okay, truth be told we all know why. It's because she has somewhat creepy control over him)

I actually feel a bit bad because I'm completely dissing your husband and that's rarely easy to hear. But hon, you deserve so much better than this. So, so much better.

I don't know what else to say, really. He's willing to give up actual time with his child because he can't do whatever it takes to haul Mom into court and make her answer to the judge? Does he even have a clue what that's going to do to his daughter? That's going to tell her - and it'll be at least halfway accurate - that she's just not worth his time and that's really, really very sad.

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Quoting Wickedsm85

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My question involves a child custody case from the State of: NY
Can a father who has half legal and physical custody of his child decide he wants less? My fiance would like to modify his current visitation order that gives him one week on one week off to just having his daughter every other weekend. Can he just file to reduce his parenting like that with modification paperwork?

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He CAN do that, but he doesn't HAVE to do that. He can just exercise the weekends of his parenting time if he chooses to do so.

If he can hold off filing anything for 6 months or so, Mom may very well file herself once status quo is established.