Non custodial parent has enrolled in school and works a significant amount of time including the weekends. 85% of his 3 weekends a month time is not spent with his kids. Instead kids are watched by family members. Is this a basis to change order to 2 weekends a month (or less), as I would like to spend the weekend time with my children that he is not using?
When it comes to issues of custody and visitation the courts chief consideration is the best interest of the child. This is something you may want to hold in mind as well in determining whether a change of the current arrangement is necessary. While the father may not be able to spend his entire weekend with his kids they are still getting a valuable lesson from seeing him working hard and seeking his education. The time they get to spend with extend family is also meaningful and something they might not want to part with, considering they only have a 9 days with them a month.
The information provided here does not constitute legal advice. This information is offered for general educational purposes only and does not create an attorney-client relationship. This answer is provided solely for informational purposes.
The answer to your question is "maybe." There is a benefit to the children of spending time with family, even if it is not the father that they spend time with on the weekends. It is impossible to predict how a court would rule to any degree of certainty with the limited information hat is provided in your question. Many more factors and circumstances will determine the outcome of your case if you choose to make one. There is a great article on this topic on my firm's blog. I am providing the link below.
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