basscatcher
Junior Member
What is the name of your state (only U.S. law)? Minnesota
I am wondering how difficult it might be to modify parenting time so I can get 50% (or close to it). My ex and I have joint physical and joint legal custody. Under the original divorce decree from 4 years ago (which has not been changed/modified/updated) the schedule that was laid out gives me approximately 42%, or 6 out of 14 overnights every two weeks. We have since deviated from that schedule, but never filed anything with the courts. The current "handshake" schedule gives me approximately 30%. Our son was 2 years old at the time of the divorce. Now he is 6 and is in kindergarten, so has a more rigid weekday schedule. We live about 30 miles apart from each other, so distance has not been a factor, other than to make weekday visits through rushhour traffic a little frustrating. I believe that I could come up with a school-time / summer-time schedule that would allow me 50% of parenting time.
Minnesota law states that if each parent has 45% or more of parenting time that there is a different calculation for child support, so yes, that is a factor but not the main one. I want more time with my son.
There has been no history of abuse or anything else that would prevent our son from spending 50% with each parent.
Ideally, I would like to try to work out a mutual agreement outside of court. But just in case that doesn't work, I'd like to have a reasonable idea of what a likely outcome would be from a judge/magistrate prior to having that conversation with my ex.
Thank you for any opinions!
I am wondering how difficult it might be to modify parenting time so I can get 50% (or close to it). My ex and I have joint physical and joint legal custody. Under the original divorce decree from 4 years ago (which has not been changed/modified/updated) the schedule that was laid out gives me approximately 42%, or 6 out of 14 overnights every two weeks. We have since deviated from that schedule, but never filed anything with the courts. The current "handshake" schedule gives me approximately 30%. Our son was 2 years old at the time of the divorce. Now he is 6 and is in kindergarten, so has a more rigid weekday schedule. We live about 30 miles apart from each other, so distance has not been a factor, other than to make weekday visits through rushhour traffic a little frustrating. I believe that I could come up with a school-time / summer-time schedule that would allow me 50% of parenting time.
Minnesota law states that if each parent has 45% or more of parenting time that there is a different calculation for child support, so yes, that is a factor but not the main one. I want more time with my son.
There has been no history of abuse or anything else that would prevent our son from spending 50% with each parent.
Ideally, I would like to try to work out a mutual agreement outside of court. But just in case that doesn't work, I'd like to have a reasonable idea of what a likely outcome would be from a judge/magistrate prior to having that conversation with my ex.
Thank you for any opinions!
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