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  1. #1
    Join Date
    May 2017
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    Default 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?

  2. #2
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    Default Re: Modification of Custody to Alternating Weeks

    Fair to middling.

  3. #3
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    Default 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.

  4. #4
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    Default Re: Modification of Custody to Alternating Weeks

    Quote Quoting Mr. Knowitall
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    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.

  5. #5
    Join Date
    May 2017
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    Default Re: Modification of Custody to Alternating Weeks

    Quote Quoting Mr. Knowitall
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    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.

  6. #6
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    Oct 2006
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    Default Re: Modification of Custody to Alternating Weeks

    Quote Quoting bjornen
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    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.

  7. #7
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    Default Re: Modification of Custody to Alternating Weeks

    Quote Quoting llworking
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    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?

  8. #8
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    Oct 2006
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    Default Re: Modification of Custody to Alternating Weeks

    Quote Quoting bjornen
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    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.

  9. #9
    Join Date
    May 2017
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    Default Re: Modification of Custody to Alternating Weeks

    Quote Quoting llworking
    View Post
    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?

  10. #10

    Default 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.

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