My ex after me having primary physical custody of 5 1/2 years of my almost 6 yr olds life is threatening me with 50/50 custody. How easy is it to change a custody order? I dont use drugs, drink, sleep around etc. I have complied with all visiation (except once when we had a disagreement and he cancelled then uncancelled) I do not bad mouth him to my son, I keep things pleasant when we do exchanges etc. He has never exercised his vacation rights in the summer. Actually he cancelled a trip when promised a trip to disney land last year after promising my son. never calls my son. Is “I want 50-50 now” enough to convince the courts? Is it that easy?
The test for determining whether the court can change a permanent child custody order is whether there has been a substantial change in circumstances. If the court makes the determination that there has been a substantial change in circumstances, then the court looks to the best interest of the child to determine what the best custody schedule would be. Whether it is “easy” for him to change the schedule is dependent on the facts.