Question:
The custody agreement states I have my child 2 days per week and one extra dinner. Gradually over time I have more (2 days- 2 dinners; 3 days-2 dinners; then just 4 days total). In the last 4 weeks I’ve had my child 20/28 nights and extra dinners (5/7 per week). How long does this need to go on before I can try to file for primary? Is there a timeline? Should I just go with the flow and take them as much as possible and leave the order as it reads? I don’t want to go back to 2 days if their mother gets angry at something; it’s taken me 6 years to get the 5/7 days.
Answer:
It sounds like you have had a majority of days/nights for some time. I am hoping that you kept track and kept a calendar of your time. You can go back to court any time. That you have had this time is an important consideration for the court. But, I cannot tell you what the court will do without have the backup data – i.e. the calendar of your time over the past 6 months to a year. You can and should consult with an attorney to discuss what your time has been and to discuss when you should go back into court.
This educational legal blog was brought to you by Avvo and answered by Jean Mahserjian, an experienced New York divorce attorney located in Saratoga County. Our law office has been helping residents with child custody issues for over 25 years.
