Tuesday, April 14, 2015

I have custody during the week, my ex has 2 out of 3 weekends a month. I have to travel for work and he gets that time.

Q:  Custody was divided as I have school week days and he has one visit a week plus friday to monday two out of three weeks a month. Court felt he could not handle stress of school nights. The judged ordered in the decree that I make every attempt when I have to travel for work to have her stay with him. She has to travel an hour each night and morning to get to school from his place when she does. When I travel I lose that time and he never compromises giving me some of his weekend time. If I travel wed to friday, I don't get to see her until following mon. If he needs to leave on a weekend I know his wife watches her. I try to keep travel to a minimum but its part of the job. Can I go back and adjust? I hardly have any weekend time with her and weekdays are taken up by school.

Additional information
He doesn't travel for work and if he did it would be on the weekdays, which is when she is with me. I've had to travel more than expected for work. She lives with me, an hour away from him but she's never here on the weekends and it's hard for her to see her friends and it works out to about one weekend a month for us. The court felt it was balanced because I got her all week while he had the weekends. But we both work, so I don't see her until 6 every night during the week and she's in school during the day. And when I have to travel he gets those weekdays too. So most of the week he gets her Friday evening to monday morning, then has Tues dinner with her, and then picks her up on Friday. So I only see her Monday, Wed and Thurs and the weekend before my weekend, he also gets a sleepover on Thurs night. I was given residential custody. He was also allowed to pay less than the minimum child support for his travel costs to the city even though he already commuted to the city for work every day.

A:  David's Answer:  I'd agree it's fair that if he needs to travel on a particular weekend, that you'd get rights of first refusal on taking care of the child as opposed to his new wife. The way you'd need to do it is to file a modification petition. Schedule a consult with a NYC Child Custody attorney for a full assessment.    -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net

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