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How does a parents work schedule affect custody agreement?

Stockton, CA |

I have a 4 yr old son who just started preK. My exwife and I divorced when my son was a year old and, at the time, she was living with her sister. She now lives with her boyfriend. In our divorce (done by paralegal) it states that we have joint legal and physical custody. It states that her address would be his legal address and she would get to claim him but I have to provide him medical insurance. I had visitation 2 nights a week and every other weekend.
I now want to change the order for my son to live with me. My ex works nights (7p to 7am) and leaves my son at her sisters house (at night) and daycare during the day (so she can sleep). I work mon through fri4am-230pm. My gf would take him to her sisters daycare at 8 and shed take him to school. Mom also works many holidays.

Attorney Answers 2


The court can modify any custody or visitation arrangement to suit the best interests of the child. If you want to change the order, you will have to file an Order to Show Cause. The working hours will be a factor for the court to consider, among others. If the child has limited contact with the primary parent, it may be that a change might be in order. You should consult with an attorney in your local area for more specific information.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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The court will consider change in circumstances for adjusting custody. Your work schedule is a key factor. If it becomes a matter of which care provider, other than the parent, gets to spend more time, change is not likely. If the quality time with the child is such that you can pick him up after school and you spend the time with the child... you have a stronger argument. Do you live near each other? Talk to the mother first, if possible, about changing your arrangement. If she agrees, write it up and submit to the court as a stipulated judgment. If not, file a motion and get in with your mediator.

Disclaimer. I am an attorney licensed to practice law in California. NO ATTORNEY-CLIENT relationship has been formed. The information posted above is for general information and does not constitute professional legal advice. Laws in different states vary. There are often different rules from Court to Court. I advise you to consult with an attorney to review your specific circumstances.

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