I have a question with regards to child custody. My husband has a four year old son. Him and his ex-wife have been doing a visitation schedule between themselves since the child was 18 months old (a week and weekend a month and four weeks in the summer). It is time to do the new schedule for next year. The ex-wife wants to go back to the orginial court order(second weekend of the month only and two weeks in the summer) which was signed when the child was 6 months old. (Go from 115 days a year to 40 days a year) We are looking at getting a lawyer and filing for custody due to the change in circumstance with the more visitation that we have been getting and the child getting closer to school age considering we both are teachers. If this happens to go to court, will a judge look at the past visitation schedules that have been in place and question the ex why she wants to change the schedule drastically after doing the same thing for so long? Secondly, is there a good chance that it will work in our favor that she is doing this and trying to limit vistation all of a sudden? We are going to be seeking modification and asking for sole physical custody and joint legal custody. Thanks for any help with this.
You may introduce evidence of what the actual schedule has been since the entry of the last order. In my opinion your Husband’s increased involvement works in his favor to maintain what has been the status quo over the last two years.