Sure you can but there are not enough facts here to
really supply a meaningful answer.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. 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, or in the State where this charge is filed
As noted above, you can ask for specific times for parenting time. In fact, most parents suggest a parenting time schedule for the other parent.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
To modify custody, you would have to show the Court that there has been a substantial change in circumstances warranting a modification of custody and show that the change would be in the best interest of the child.
In awarding custody, the Court considers the best interest of the child. In making initial custody determinations, courts will consider the following factors:
·The parents' ability to agree, communicate and cooperate in matters relating to the child;
·The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
The interaction and relationship of the child with its parents and siblings;
·The history of domestic violence, if any;
·The safety of the child and the safety of either parent from physical abuse by the other parent;
·The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
·The needs of the child;
·The stability of the home environment offered;
·The quality and continuity of the child's education;
·The fitness of the parents;
·The geographical proximity of the parents' homes;
·The extent and quality of the time spent with the child prior to or subsequent to the separation;
·The parents' employment responsibilities; and
·The age and number of the children.
It is unclear whether there is a parenting time order in place at this time, or whether you are seeking an order to be entered for the first time. You are free to request that the paternal parent only have the child at specific times; however, the Court will make its decision based upon the best interest of the child. If you are seeking a modification, you must show that there has been a substantial change in circumstances warranting the modification. Custody/parenting time determinations are very fact sensitive, and the Court will use all of the above factors in making its decision. Therefore, it would be necessary to discuss you case with you at greater length to determine your likelihood of success. You should consult with an experienced family law attorney to ensure your interests are protected.
Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline