Legal Question in Family Law in California
Timesharing of daughter with firefighter father
My ex is a firefighter and we have
been separated for 18 months,
divorced for 4. We have a 10 yr old
daughter and custody is 50/50. The
schedule we have now caters to his
work schedule and therefore changes
from week to week. This worked fine
before I started working 40 hours per
week, but now I would like something
that works better for me because I
actually see her less than my ex the
way things work now. It's very
convenient for him if course but it's not
working out so well for me. I am
interested in alternating weeks but am
concerned about my ex fighting me.
At 10 years old does alternating weeks
seem unreasonable to you, especially
because the ex is a firefighter and
thus would require him arranging
childcare on his nights when he has to
work? How does the judge generally
handle situations like this one?
1 Answer from Attorneys
Re: Timesharing of daughter with firefighter father
Your change in work schedule is a "change in circumstances," permitting you to go back to court and modify the existing order. But what changes you may receive, alternate weeks, depends upon your ex's response and what the judge is persuaded is best for the child. I'd first try to talk to your ex and see if he's agreeable, and if that doesn't work, file for the modification. You will have to have a custody mediation before you get before the judge, so there is always hope you'll work it out easier than harder, but you have to do what you have to do.
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