Legal Question in Family Law in California

Re: Father visitaion

The child's best interest is in having stability. For that reason it is required that there be a change in circumstances for there to be a change in custody. If you were to request a small increase in your time share or a change in the schedule which leaves the time share the same you are much more likely to succeed. I would suggest that you change your Thur to Friday to Thur to Sat at noon giving you two extra nights or instead of alternating weeks have the 1st, 3rd, and any 5th weekends with the one overnight on the 2nd and 4th weeks. This would give you aproximately one extra night a month. As soon as you say 50/50 it sounds suspiciously like there's a motive based upon child support. Also, the fact that you have a wife and two other children while your 8 year olds' mother may be single with no other children is NOT a reason to take time from her. Having a blended family is not easy and thinking you are going to force her to give up some custodial time by taking her back to court is courting disaster. You can end up with a 13 year old that doesn't want to be in your home at all and no co-parent to encourage her to accept the child sharing plan that you mutually worked out.

Re: Father visitaion

Maybe. With all due respect to Ms. Simmons, you are not seeking a change in custody, if it is joint, but a different parenting plan. Depending on the language and/or nature of your order, it may be that a significant change of circumstances need not be shown. But you still need to show why the child would benefit from this change. This in turn depends on the individual child. You need an experienced attorney to analyse your case. It may be also be that you could come up with an incremental plan that will allow you to spend more time with the child and that mom can accept. It can indeed destroy your relationships to battle in court over time with your child.