Question About Current Custody Arrangement
Ex-husband wants to change custody. We have 60/40. He wants to change to week on week off. The kids are 8 and 11. This order has been in place 3 years. I have the school year mon, tue, wed and every other weekend. He has every thur and every other weekend)thur – sunday night. The custody switchies during the summer. He has mon-tues-wed and every other weekend. I have thursdays and every other weekend. (thur- sun night. Nothing has changed. my address is used for kids school and mailing address. We have joint custody, no one has the primary.
In order for him to change custody, he would have to file a petition with the court and serve that on you. If you agree with his request the court will grant the change. However, you do not have to agree to 50/50. If he wants to file his request, the court would likely listen to his argument and allow the matter to go to trial. Ultimately the court would decide what is in the children’s best interests. There is a presumption that the historical care giving arrangement is in the children’s best interests as long as they are thriving and happy.