My question involves a child custody case from the State of: New York
I’ll try and make this as short and to the point as possible..
In April, I decided to serve my former significant other papers to appear in court regarding the visitation schedule we have with our daughter. I feel that it is unfair and I would like more time. Mom is the custodial parent with primary residence. Daughter is 3. We were never married. I live 40-45 minutes away (working on moving closer, 15-20 minutes). Mom and daughter live with mom’s parents. I live with a girlfriend of 2 years in our home. I work full time with a set schedule where I am required to work 2 weekends out of a 6 week scheduling block. Mom works Mon-Fri, 9-5. Neither parent has a legal/criminal record.
Since April, we have had 4 appearances where our lawyers have gone back and forth with no agreement on a visitation schedule. We now have a hearing scheduled in December.
I am asking for the 4 weekends (Fri afternoon to Mon afternoon) that I’m off in my 6 week scheduling block. Mom feels that is unfair as I would be getting more weekend time than her. I am contemplating trying to get together with her to come to an agreement without our lawyers involved. It would both save us money and time, but I don’t see her agreeing to the 4 out of 6 weekends.
-How likely am I to be granted the time I’m asking for?
-In general, does a judge take into account weekends and how they’re split between parents?
In case you were wondering, I am asking these questions as a second opinion to one my lawyer may give me. Thank you for you time.
I’ll try and make this as short and to the point as possible..
In April, I decided to serve my former significant other papers to appear in court regarding the visitation schedule we have with our daughter. I feel that it is unfair and I would like more time. Mom is the custodial parent with primary residence. Daughter is 3. We were never married. I live 40-45 minutes away (working on moving closer, 15-20 minutes). Mom and daughter live with mom’s parents. I live with a girlfriend of 2 years in our home. I work full time with a set schedule where I am required to work 2 weekends out of a 6 week scheduling block. Mom works Mon-Fri, 9-5. Neither parent has a legal/criminal record.
Since April, we have had 4 appearances where our lawyers have gone back and forth with no agreement on a visitation schedule. We now have a hearing scheduled in December.
I am asking for the 4 weekends (Fri afternoon to Mon afternoon) that I’m off in my 6 week scheduling block. Mom feels that is unfair as I would be getting more weekend time than her. I am contemplating trying to get together with her to come to an agreement without our lawyers involved. It would both save us money and time, but I don’t see her agreeing to the 4 out of 6 weekends.
-How likely am I to be granted the time I’m asking for?
-In general, does a judge take into account weekends and how they’re split between parents?
In case you were wondering, I am asking these questions as a second opinion to one my lawyer may give me. Thank you for you time.
Establishing an Order: Division of Weekend Visitation Between Parents
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