We are divorced & have 2 children, 45/55 custody split in favor of my ex. My ex takes classes but does not work. I have a new job which requires occasional overnight travel. My salary has increased and per schedule B, I have increased my child support payment and am current in child support. I could use a little more flexibility with our custody schedule, including the occasional trading of a night 1-2 times per month. If my ex is not willing to cooperate, would the court support a modification to custody (not in terms of amount of time, but the days / and having a slightly more flexible schedule?)
Thank you
A custody order can be modified upon a showing of a substantial change in circumstances since the entry of the current order which affects the wellbeing of the minor children.
A need of 1-2 nights a month to change, based on a new work schedule, is not likely to be a substantial change in circumstances affecting the wellbeing of the minor children. Instead, if you are the custodial parent on a night that you must travel for work, then you are responsible for finding and providing adequate childcare, whether that be the other parent or a third party, unless your court order specifies something differently (for example, a right of first refusal paragraph).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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