The last 2 lines are upposed to read:

Now if we end up in court over custody will the judge give him the custody arrangements in the order? What are the chances the judge will only give him everyother weekend? The custody has been everyother weekend for the past 10 months without him having issues until now.


Reasonably good given that your arrangment has become the new status quo. However, you are working well together on modifying the schedule so don’t assume that you are going to end up in court again. Most people don’t go there and are able to do this by agreement. That should be your goal.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

We have an order (dated 07/05)stating that every month I get 20 days and he gets 10 days. Since Dec 05 he has only had our child everyother weekend b/c he travels so much for work and is unable to stick to the order. He has asked twice for our child to come over on a wednesday, but with less than 1 day notice.
I have never complained b/c I didnt want him to start taking the full 10 days again.

Now if we end up in court over custody what are the of the judge only giving him everyother weekend(like it has been for over 10 months.)