Modification of Custody to Alternating Weeks
My question involves a child custody case from the State of: New York.
We have joint custody. Son lives w me. Dad has him every other weekend. My son is 13. Dad has been saying he intends to modify schedule to every other week. Divorced finalized in January of this year. Our current custody schedule has been since we separated 5 years ago.
He has never used his weekly dinners w child.
What are the chances of a modification being granted?
Re: Modification of Custody to Alternating Weeks
Re: Modification of Custody to Alternating Weeks
Alternating weeks are often highly problematic for children who are attending school. Also, you have not indicated that there has been a material change in circumstances that would justify revisiting the present order. Based upon that tiny amount of information alone, modification to alternating weeks is unlikely. But for your specific case, it will depend upon the facts of the case -- which are not known to us.
Re: Modification of Custody to Alternating Weeks
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Mr. Knowitall
Alternating weeks are often highly problematic for children who are attending school. Also, you have not indicated that there has been a material change in circumstances that would justify revisiting the present order. Based upon that tiny amount of information alone, modification to alternating weeks is unlikely. But for your specific case, it will depend upon the facts of the case -- which are not known to us.
Not necessarily. It requires both parents to do their bloody jobs and stop squabbling, though. I grew up with alternating weeks and it worked out just fine. I've known others who don't struggle with it. Granted, it requires that both parents live in reasonable proximity and there is no mention of that.
Re: Modification of Custody to Alternating Weeks
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Mr. Knowitall
Alternating weeks are often highly problematic for children who are attending school. Also, you have not indicated that there has been a material change in circumstances that would justify revisiting the present order. Based upon that tiny amount of information alone, modification to alternating weeks is unlikely. But for your specific case, it will depend upon the facts of the case -- which are not known to us.
No material changes, granted I understand that term correctly.
Worth noting is that my son has ADHD where structure and routines are to his benefit. Ex spouse also works long hours and more often than not comes home around 7:30-9pm on a daily. And leaves in the morning at 6am.
Re: Modification of Custody to Alternating Weeks
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bjornen
No material changes, granted I understand that term correctly.
Worth noting is that my son has ADHD where structure and routines are to his benefit. Ex spouse also works long hours and more often than not comes home around 7:30-9pm on a daily. And leaves in the morning at 6am.
Well, then that just puts more ammo in your corner. If dad does go through with filing, I would recommend that you hire an attorney if at all possible.
Re: Modification of Custody to Alternating Weeks
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llworking
Well, then that just puts more ammo in your corner. If dad does go through with filing, I would recommend that you hire an attorney if at all possible.
How much weight would the court put on a 13 yo's wishes?
Re: Modification of Custody to Alternating Weeks
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bjornen
How much weight would the court put on a 13 yo's wishes?
It varies from judge to judge but in ordinary circumstances some weight would be given to a child's wishes at 13. However, since we are dealing with a child with ADHD who needs routine, the child's wishes (if the child claims to want the change to a 50/50 timeshare) might not have much weight at all.
I think that the bigger argument is that dad does not currently exercise all of the time that he has now...and leaves very early for work and arrives home late.
Re: Modification of Custody to Alternating Weeks
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llworking
It varies from judge to judge but in ordinary circumstances some weight would be given to a child's wishes at 13. However, since we are dealing with a child with ADHD who needs routine, the child's wishes (if the child claims to want the change to a 50/50 timeshare) might not have much weight at all.
I think that the bigger argument is that dad does not currently exercise all of the time that he has now...and leaves very early for work and arrives home late.
I appreciate your input. My line of thoughts are with yours. Thank you!!!
Update: We have family court on Tuesday for exes non-payment of alimony. I am seeking to have it changed to go through CSE. Ex says he is bringing attorney and changing the custody then and there in family court. I asunder the assumptions that custody would have to be addressed at a different time but am petrified that it is possible. What are your thoughts?
Re: Modification of Custody to Alternating Weeks
The thoughts were already mentioned by the people above. In terms of being petrified that it is possible, it's always possible. Either party is always free to file a motion requesting any kind of change to any aspect of the custody/support agreement, as indicated, it may be unlikely that their motion would be approved by a judge, but we don't have all the facts of the case. Make sure you have a lawyer and just handle things through their advice and help.