Skip to main content

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

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

Posted

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 community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

Mark as helpful

3 lawyers agree

Posted

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

Mark as helpful

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics