My son has been in my care since birth, me and my ex split when he was 2. A order has been in place since 2015 as I am the primary custodial parent. The current arrangement is with me the mother 85% and with the Father 15%. His father is now threatening to take me back to court for 50/50. (which I think its due to wanting CS dropped) I have read there needs to be substantial circumstances that occur to have the judge see that it is in the best interest of the child to change the order. Should I be afraid? I soley take my son to school because my work allows it, I pay for baseball, I volunteer at his school, I am at all his school events. His father does not do HW, he works a schedule to where he leaves for work at 530 in the am and drives out of town for work, he is unable to show up for events etc.. how will the judge view this motion? what are the substantial changes?
You have probably ascertained the correct motivation for the father to want a change to a 50/50 time split. And you are correct as to what will be used to determine whether or not to change the current status quo to the requested visitation, as to the framework the judge will use to make the decision. If you have been granting visitation as ordered and have been accomodating his visitation desires, then the judge will look favorably on what you have done. And given this young child's age, any reasonable judge will still see that the child's present status needs to be maintained to some degree as making a drastic change will probably be more emotionally problematic. But, I strongly advise that you get an attorney to help you on this.
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