Timeshare

[mjaguilera]

What is the name of your state (California

I am the primary parent of my 2 year old son with about 75% custody. The mother is the NCP and is asking the courts for more. With the trend leaning towards awarding an "equal" timeshare what is the normal percentage split?? Also, how easy or hard is it to change the primary parent designation?

 

[Isis1]

What is the name of your state (California

I am the primary parent of my 2 year old son with about 75% custody. The mother is the NCP and is asking the courts for more. With the trend leaning towards awarding an "equal" timeshare what is the normal percentage split?? Also, how easy or hard is it to change the primary parent designation?

depends on the situation. what is your reasoning for not cooperating with the other parent?

 

[mistoffolees]

What is the name of your state (California

I am the primary parent of my 2 year old son with about 75% custody. The mother is the NCP and is asking the courts for more. With the trend leaning towards awarding an "equal" timeshare what is the normal percentage split?? Also, how easy or hard is it to change the primary parent designation?

Is the 75% in your court order?

If you have a valid court order, ex will have to show a change of circumstances to get the court to hear a request for change of visitation/custody. Even if the court agrees to hear the case, Mom will have to convince the court that changing visitation would be in the child's best interests. That's not easy to do.

On top of that, Mom already has significant visitation. It's not common for courts to order 50:50 if the two parents don't agree to it.

 

[Isis1]

Is the 75% in your court order?

If you have a valid court order,

ex will have to show a change of circumstances to get the court to hear a request for change of visitation/custody

. Even if the court agrees to hear the case, Mom will have to convince the court that changing visitation would be in the child's best interests. That's not easy to do.

On top of that, Mom already has significant visitation. It's not common for courts to order 50:50 if the two parents don't agree to it.

misto, she can get heard before a court without a change of circumstance. how the judge rules, is up to the judge. based on law.

 

[LdiJ]

misto, she can get heard before a court without a change of circumstance. how the judge rules, is up to the judge. based on law.

Misto is convinced that a change in circumstances is needed for even the smallest modification of visitation. He is not going to change his mind. Its absolutely true that a change is circumstances is needed for a custody modification or even maybe a change to a 50/50 timeshare. However a parent asking for another couple of days a month when the timeshare split is 75/25 does not represent a major change.

 

[mistoffolees]

misto, she can get heard before a court without a change of circumstance. how the judge rules, is up to the judge. based on law.

Misto is convinced that a change in circumstances is needed for even the smallest modification of visitation. He is not going to change his mind. Its absolutely true that a change is circumstances is needed for a custody modification or even maybe a change to a 50/50 timeshare. However a parent asking for another couple of days a month when the timeshare split is 75/25 does not represent a major change.

In the last thread where this came up, I posted 6 or 8 references - INCLUDING SEVERAL FROM THE CALIFORNIA COURT PAGES - that stated that you need a change of circumstances to get a change of custody OR visitation in CA.

Neither of you has posted a single thing refuting that. Sorry, but I'll take the California Court web pages and several CA lawyers' opinions before your unfounded assertions.

 

[CJane]

In the last thread where this came up, I posted 6 or 8 references - INCLUDING SEVERAL FROM THE CALIFORNIA COURT PAGES - that stated that you need a change of circumstances to get a change of custody OR visitation in CA.

Neither of you has posted a single thing refuting that. Sorry, but I'll take the California Court web pages and several CA lawyers' opinions before your unfounded assertions.

Misto, there is a HUGE difference between GETTING A HEARING and GETTING A CHANGE.

You've consistently said that a change of circumstances is necessary to get a hearing, and that's just not the case.

 

[Isis1]

Misto, there is a HUGE difference between GETTING A HEARING and GETTING A CHANGE.

You've consistently said that a change of circumstances is necessary to get a hearing, and that's just not the case.

*head thump* didn't i say that? TWICE??

as for my unfounded assertions, i'm the one in court. a CALIFORNIA court of all things. there are few things where i stand my ground on. and when i KNOW i'm right, i won't shake. i've had visitation change with NO change of circumstance. just wanted more time. it was granted. no questions asked.

 

[CJane]

*head thump* didn't i say that? TWICE??

as for my unfounded assertions, i'm the one in court. a CALIFORNIA court of all things. there are few things where i stand my ground on. and when i KNOW i'm right, i won't shake. i've had visitation change with NO change of circumstance. just wanted more time. it was granted. no questions asked.

And the fact is that EVEN IF the statute says that a CoC is necessary, it wouldn't be uncommon for a judge to change things anyway and it would stand unless someone appealed - and very few people appeal.

 

[InfantCustody]

It depends on the judge. Some judges like 50/50 and order 50/50 above the objections of the parents. Some hate it and never order it. Some areas also tend to favor 50/50, and either by agreement or court order, more and more people are ending up with 50/50 custody.

If you live close by and mom has a standard every other week-end type thing, it would not surprise me to see her get more. Especially if you have been making it difficult for her to have any extra time with her daughter. Most "every other week-end" set-ups are minimums and if the NCP never gets any more, some judges will grant one or two week-day overnights.

Is there some reason she shouldnt get more time?

 

[Antigone*]

posting history on this one folks

 

[CJane]

posting history on this one folks

Of course.

Which brings up the question:

OP, have you made that mediation appointment yet? Since ya know, you were ORDERED to participate in mediation next month in order to increase Mom's time?

https://forum.freeadvice.com/child-custody-visitation-37/mediation-543747.html