My custody situation


#1

Hello. I am curious about how much a judge will weigh a temporary order for custody that has been in place for five months. My child is six years old and is doing really well with the current schedule. His father really wants more overnights. He would really love to get at least 124 of them. Currently he has every other weekend and a visitation on the off week. Will the judge strongly consider that the current plan is working well or would he be likely to grant more because things are going well with his father. His father has been playing superdad since the original hearing and it is a complete turnaround from his behavior during the marriage. The only negative thing I can say is that he is always late with drop-offs anywhere from 5 minutes to over an hour. He has not been on time or a few minutes early once. I have always been early with drop-offs. He is financially stressed and paying no consistent child support, but i don’t think he is physically punishing our son anymore which was the biggest issue during the marriage and what cost him more time with our son at the first hearing I think. His home is our formal marital home and it is being prepared for sale, so my housing situation, though it is with my parents at the moment, is more stable.

                Thanks for your time!  This forum is such a wonderful resource

#2

Temporary Custody Order are considered non-prejudicial, meaning that just because a certain schedule was ordered for a temporary time period it does mean that a different schedule can not be found to be in the child’s best interests moving forward. However that is not to say that if the child is doing very well with the current visitation that the status quo cannot be considered as what is in the child’s best interests. You will both have the chance to present a full case as to why the schedule you propose is in your child’s best interests. Your ex’s inattention to the detail of the time of visitation should also be presented in court.