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Will the judge give father more visitation time?

Rochester, NY |

Court order states father gets him every wed from 5:30 to 7:30pm and one night on the weekend overnight either Fri or Sat. Father says that is all he could handle at the time because he was going through transgender issues. He cancels all the time if he is sick, if my son is sick or if his 2 other boys have boy scout meetings or sleep overs. Father is now asking for 50/50. Father has forgot about son's teacher conf. and doctor's appt within the past 2 months. Father is now threatening to take me to court. I have a log of all days missed and emails with father cancelling. Father has 2 son's of his own and lives with girlfriend and her son. Both father and girlfriend smoke. Father is never available if I ask him to take son a different day. Says he is not his babysitter.

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Attorney answers 3

Best Answer

Father can ask for anything he wants but that doesn't mean he will get it. He has to show a substantial change in circumstances to get more visitation time.

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It sounds unlikely he will get what he is seeking. Should he file a petition, seek out an attorney, but I see no reason to agree to his demands.


If the facts are as you say they are, I highly doubt that more visitation would be awarded. Generally, parents who do not exercise all of the visitation in an existing order do not have a good case to have that visitation increased. In any event, you should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

Attorney at Law
Valatie, New York

The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.

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