Custody modifications

I haven't experienced this, but I will keep your family in my thoughts and prayers!! ❤️ That sounds stressful, as most things sadly tend to be with custody 🥺 Message me if you need to vent!

Pm me.

Unfortunately it can be difficult to get an order changed. You have to have "valid concerns/reasons" to modify. Did your husband willingly argee to the every other weekend or did it have to be court ordered by a judge?

he agreed to it in the divorce because she was getting nasty and he didn’t want anything to have his son be a pawn and had a crappy lawyer. He was also told they have to put the standard agreement in so something is on paper but they can be flexible with it. Turns out it’s biting him in the ass now.

I’m wondering if the argument for alienation can be made as well. She has stated she doesn’t want him to have more time with us even if that just means instead of going to after school care he hangs out with us until she gets him. It’s honestly ridiculous. We were already thinking neglect possibly because she hasn’t been able to manage taking care of him all the time on her own to begin with and we are always getting him extra and at the last minute to accommodate her schedule. We just want to keep the schedule as it currently is so we see him the same amount which doesn’t seem unreasonable especially since it takes no time away from her. He’s going to be spending that time in after school care.

My husband agreed to the same thing for the same reasons. It was used against in that "he agreed to it". But after 5 years of fighting for custody back we gained primary custody of my SS. What started it all was his Mother wanted to move 2 states away which means she needed permission from the court. That was our way in. It has been a slogfest the entire 5 years. We are still in court and now just had to open a new case for sole custody because Mom's household is so toxic for SS. It can be done and if you can afford it I would 100% ask for a modification. The worst they can say is no. But I think it's so important to be able to tell your child that you did everything you guys could to get as much time with him as the judge would allow. You have to be able to look at your child and tell them with your whole heart you did EVERYTHING you could to fight for them. 💙

My best friend has his kids every other week ordered by court. He and his fiance drop the kids off at school on Monday morning, then their mom picks them up after school Monday for her week/weekend.
The next Monday, my friend picks up his kids after school and proceeds with his week and weekend with the kids.
He also pays child support. It’s definitely possible and if you can prove to a judge that it’s already the way yall work and this is the way you plan to continue it they may approve the parenting plan. I would just do your best to document that yall already have the child for 50% of the time and have a plan to help keep that going as school starts. I hope it works in your favor if anything happens!

Making sure you live in the same district he will be in school and taking note that you currently have him 50/50. Mark all the days you have him. The court will want to know what the child has been accustomed to. I don’t see why you guys wouldn’t be awarded 50/50. New siblings matter too. The court will take all of that into consideration. I would also think that it would be better to be the first to file… which sucks. In the event it’s just a threat and then you spend $ and create potential conflict. But in my experience the court wants to have a 50/50 and if you’re in the same district and you’re healthy parents I don’t see why you wouldn’t get that modification.

Get a new lawyer and make sure to document when you have him/how often. If you guys are already doing 50/50 then there's no reason to change that. If it's been 50/50 for awhile now, then keep proof! Take lots of pictures with him and do crafts with him, dates on them. Send them to your hubby/grandma, anyone. Keep a journal of it. Keep comms with mom in text if possible. Go back to court. The courts want the children to have stability so if it's been 50/50 physical ongoing for awhile now, they won't want to rock that boat. The fact that you have a baby right now that he is likely bonding with is in your favor! They don't like separating siblings! Keep everything documented and file for a custody modification! It's expensive but worth it!