Custody modification motion

[Espy750]

What is the name of your state? South Dakota

My ex husband and I currently share 50/50 time with our son. I filed for a modification to request we do 1 week on and1 week off. The reason being as he struggles with behavior at times and listening at pre school. He starts kindergarten soon and will be in a Spanish immersion program learning a second language. For consistency and structure I think it would be more stable for him. Last week his schedule was

Moms house monday
Dads house Tuesday
Moms house Wednesday
Dads house Thursday
Moms house Friday
Weekends rotate - moms Saturday Sunday

This can be rough going back and forth every day during school year. I am going to represent myself in court. How do I go sbout preparing a court after, when the hearing is done? Is there a basics template I can find online? Are these hard to do? I don’t have a lot of funds to spend as the divorce cost plenty all on its own. His only reason for not supporting this is that he doesn’t want to go 7 days without seeing his son. Advice? Will I be ok without an attorney?

 

[not2cleverRed]

Could you compromise and have midweek visit with the other parent? Or some extracurricular activity/sport that Dad takes him to and is their "together" thing?

The alternating days sound like a nightmare, especially if there's homework. And keeping track of permission slips. But I can understand why Dad wouldn't want to go for a whole week without seeing his kid.

Perhaps as a plan B you can offer to compromise on one of plans where each parent gets parenting time every week.

 

[LdiJ]

Could you compromise and have midweek visit with the other parent? Or some extracurricular activity/sport that Dad takes him to and is their "together" thing?

The alternating days sound like a nightmare, especially if there's homework. And keeping track of permission slips. But I can understand why Dad wouldn't want to go for a whole week without seeing his kid.

Perhaps as a plan B you can offer to compromise on one of plans where each parent gets parenting time every week.

I have always been a proponent of if 50/50 must be done, then it should be every other week so that the children are allowed to settle in to one place for a week at a time. I do not have a problem with a midweek dinner visit for the other parent, but its is so much fairer for the children to not have to switch all the freaking time.

Its supposed to be about what is best for the children.

 

[stealth2]

There are many different time splits that are better than an every other day. 2/2/5/5, 3/4/4/3, etc. All of those are easily switched to every other week as the child ages.

 

[Ohiogal]

There are many different time splits that are better than an every other day. 2/2/5/5, 3/4/4/3, etc. All of those are easily switched to every other week as the child ages.

At three years old a 2/2/5/5/ plan or a 3/4/4/3 plan makes the most sense quite frankly because the child will still each parent at some point during the week but it gives consistently.

 

[not2cleverRed]

At three years old a 2/2/5/5/ plan or a 3/4/4/3 plan makes the most sense quite frankly because the child will still each parent at some point during the week but it gives consistently.

I think even at 5 in kindergarten this still makes sense. This is going to be a huge transition for the child - new school (all day?), foreign language immersion program - from the child's perspective, going from seeing each parent roughly every other day to every other week could be a little traumatic, added on top of all the other changes.

 

[LdiJ]

I think even at 5 in kindergarten this still makes sense. This is going to be a huge transition for the child - new school (all day?), foreign language immersion program - from the child's perspective, going from seeing each parent roughly every other day to every other week could be a little traumatic, added on top of all the other changes.

I do see the logic in that, but I still think that children are better off with every other week if 50/50 is required. The transition could even be eased with two dinner visits a week for the other parent.