Just looking for a 2cnd opinion in hopes I’ve made the right choice per my att. advice. I currently have primary custody, with ex having every other week-end, weeknight dinner visit, holiday, etc… Att. asking me to settle for 3 day week-end and 1 overnight mid-week visit. Would I have stood a chance of keeping things the way they were? I doubt my ex will agree to this anyway since is going for 5-2-2-5.
If we settle this does this cancel out the custody outlined in the sep agree.?
If custody had been outlined in a court order and your ex made a motion to modify custody he would have to prove there was a substantial change in circumstances in order to have the current schedule changed. Since your custody arrangement is spelled out in a Separation Agreement your ex can simple file for custody at any time and have the court make an initial determination of custody, however the courts will consider the current arrangement and presume the current schedule is in the children’s best interests. Basically, your ex would be fighting an uphill battle.
I believe your attorney likely encourage you to settle for the two extra overnights in order to save you the time, trouble, and expense of a trial. The schedule is much closer to what you want than what your ex wants.
If you do enter into a new agreement it will override and cancel the custody provisions in the separation agreement.