We have 50/50 custody but it’s more like 70/30, can I change it?

Asked over 2 years ago - Seattle, WA

Me and my ex-husband have a 50/50 joint custody for our daughter, but it’s more like 70/30 where I’m spending more time with her. I’m not keeping him from seeing our daughter, it’s just that he doesn’t show up that often. I was wondering if I could change our 50/50 to something that’s a little more closer to reality?

Attorney answers (2)

  1. Mark L. Alexander

    Contributor Level 14


    Lawyers agree

    Answered . Yes, but I would wait until there is an established history that this is his pattern: more than a month, and six months is probably sufficient. A year certainly is.

    You would file a petition to modify the parenting plan, on the grounds that the child has been integrated into your household in substantial deviation from the parenting plan. There are many pitfalls, so I recommend that you use an experienced local family law attorney.

    If this answer is helpful or the best answer, please say so. Legal disclaimer: In accordance with the Avvo... more
  2. Frances Turean

    Contributor Level 16

    Answered . Start keeping a calendar of the days you have her and when he flakes. You will need this as evidence of the real schedule.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Shared custody

Shared custody is a joint custody arrangement where both parents share decision making and have physical custody of their child for an equal amount of time.

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