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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?

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Attorney answers 2


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.

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