Have joint legal and physical custody, can i ask for changed visitation if this is not in my daughters best interest?

Asked over 2 years ago - Houghton, MI

My daughters father and i have joint physical and and legal custody. One week on, one week off. I have noticed recently that my daughter is all off schedule. i could JUST start getting her on schedule and when she goes to him, he changes it on her. EG: I put her to bed by nine, he doesnt put her to bed till 11 or 12. EG: With drs consent, i took her off of formula, told him, and he STILL has her on formula which screws up her sleeping schedule. Would it be appropriate to ask for a change in parenting time such as..me get her two weeks, him one, just until she is on a set schedule? I try communicating with him, but he just does not do the same for me.

Attorney answers (3)

  1. Daniel J. Andoni


    Contributor Level 4


    Lawyers agree

    Answered . Attorney Sinclair did provide a good answer, and as Family Law attorney in Michigan I can tell you our state requires "a proper cause or s substantial change in circumstances to warrant a review of an existing child custody order". However, you may not need a change in custody, it sounds like you just need a change in parenting time. Your daughters father can still be an active part of her life but the week-on week-off schedule may not be best for your child. I suspect that due to your child age (you mentioned she was just taken off formula) he could have frequent but shorter visits.

  2. Paula Brown Sinclair

    Contributor Level 20


    Lawyer agrees

    Answered . In some states the right to petition the court to modify custody orders is limited in a way that discourages repeated, frivolous, or trivial changes or actions that are more about harassing the other parent than meeting the best interests of the child. The concerns you describe do sound like matters that merit the attention of the court. You probably will find the assistance of an experienced family law attorney helpful in navigating the legal system and more likely to produce the result you want.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. Robert West

    Contributor Level 20

    Answered . You can always apply to the court for a change in custody and or visitation status.

    Robert West

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