My exhusband and I have joint custody that we both consented to. At the time he was not working and had more time to spend with the children. He has taken a job out of town and has to travel approximately 2 hours each way to work. On his visitation days during the week the children are taken to school and daycare by the stepmother and also picked up by the stepmother in the afternoon. They are spending longer times in daycare, before and aftercare. He gets home at best by 7p.m. Would this be considered a substantial change in circumstances to file to have his custody reduced. When they are with him in the summer they spend all of their time in daycare and summer camps. He wants to increase his custody but he is spending very little time with the children on their visits now. This just seems to be about money rather than time. Do the judges look at these issues very closely?
Yes, the custody plan was put in place to allow the father to spend time with his children, not the stepmother or day care providers. In my opinion the circumstances have changed substantially and his long hours certainly can affect your children’s’ best interests.