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Child Care as a Reason for Change in Parenting Time or Custody

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  • 08-16-2008, 06:45 AM
    prouddaddy
    Child Care as a Reason for Change in Parenting Time or Custody
    My question involves a child custody case from the State of: Michigan

    My X and I have a 8 mo old son. We have 50/50 legal with her having primary residency. I have EOW and 1 day during the week. Standard for NCP. Now she had told me she was going back to school. Of course this would be at night a couple nights a week. Now her mother watches our son during the day and now with her going back to school our son would not be with either parent for at least 12 hrs a day 3 day a week. Do you think this is a reason to increase my evenings during the week? I don't believe that our son should be with out one of us for that length of time, that many days. I am available every evening during the week. I am not trying to prevent my X to go back to school but between work and school with the travel time I just feel that our son should have the benefit of having at least one parent available to him.
  • 08-16-2008, 07:28 AM
    mmmagique
    Re: Child Care as a Reason for Change in Parenting Time or Custody
    I agree.

    Have you suggested this to her?

    If she doesn't agree perhaps you could request a modification.
  • 08-16-2008, 07:53 AM
    queenie2
    Re: Child Care as a Reason for Change in Parenting Time or Custody
    I'm not sure this is a substantial enough change in circumstance to modify such a new order. Since your child is cared for by his grandmother during the day, I don't think the 2 evenings with her will be much of a factor, especially since it's a temporary situation.

    I agree that you should discuss this with your ex. She may be willing to give you the extra time.
  • 08-16-2008, 08:29 AM
    prouddaddy
    Re: Child Care as a Reason for Change in Parenting Time or Custody
    It will be 3 nights per week. And this will be a long road as she is just starting and she will be in school for 4 years to come. I also know she would not just agree to me having him while she is in school. She doesn't even want me to have him at all. I had to take her to court. She doesn't do anything that I suggest....she has to be ordered by the courts.
  • 08-16-2008, 08:35 AM
    queenie2
    Re: Child Care as a Reason for Change in Parenting Time or Custody
    I just finished reading your other 9 threads, and realize that your ex will probably not agree to give you any extra time. You seem to be picking apart every little thing she does in an effort to get more time with your son, even after your lawyer told you that you shouldn't expect any more.

    My suggestion to you is to stop trying to find fault with your ex, and make the most of the time you have with your son. Wallowing in this situation will negatively affect whatever relationship you have with your ex, and will ultimately affect your relationship with your son. Follow your lawyers' advice.
  • 08-18-2008, 06:27 AM
    prouddaddy
    Re: Child Care as a Reason for Change in Parenting Time or Custody
    Quote:

    Quoting queenie2
    View Post
    I just finished reading your other 9 threads, and realize that your ex will probably not agree to give you any extra time. You seem to be picking apart every little thing she does in an effort to get more time with your son, even after your lawyer told you that you shouldn't expect any more.

    My suggestion to you is to stop trying to find fault with your ex, and make the most of the time you have with your son. Wallowing in this situation will negatively affect whatever relationship you have with your ex, and will ultimately affect your relationship with your son. Follow your lawyers' advice.

    I do not pick apart everything she does in an effort to get more time with our son. I just want what is right for our son! I am not trying to find fault with my ex. As a matter of fact she has done so much more to me than I have said in this forum. As a parent I would think that most would want to spend as much time with their children as possible. During her parenting time she isn't even hardly with him. It is mostly her mother! Even when she is not working!!!
  • 08-18-2008, 06:53 AM
    Mr. Knowitall
    Re: Child Care as a Reason for Change in Parenting Time or Custody
    A parent's using child care in order to work or go to school is not the basis for a change of custody. If you did not do so at the time your custody order was entered, you can propose a "right of first refusal" where each parent has the opportunity to take care of the children when the other parent would have to otherwise put them in child care. If she won't agree to that you can raise it with the court, but based on what you say in this thread (I'm not going to track down the others) you do not yet appear to have sufficient grounds to convince a court to revisit its most recent order.
  • 08-18-2008, 07:30 AM
    prouddaddy
    Re: Child Care as a Reason for Change in Parenting Time or Custody
    Quote:

    Quoting Mr. Knowitall
    View Post
    A parent's using child care in order to work or go to school is not the basis for a change of custody. If you did not do so at the time your custody order was entered, you can propose a "right of first refusal" where each parent has the opportunity to take care of the children when the other parent would have to otherwise put them in child care. If she won't agree to that you can raise it with the court, but based on what you say in this thread (I'm not going to track down the others) you do not yet appear to have sufficient grounds to convince a court to revisit its most recent order.

    I appreciate your honesty. She just said something recently and the CO was finalized in June. I tried the first right of refusal but my attorney said that doesn't really work with our judge. We do have another court date coming up so I will try to bring it up then. Thanks
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