If my ex and I entered into an “agreement” last year for shared custody of our 5 and 4 year old, how best to modify it?

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If my ex and I entered into an “agreement” last year for shared custody of our 5 and 4 year old, how best to modify it?

I have our children Sunday at noon until 5:00 pm on Wednesdays. They are with their mother from Wednesday until Sunday noon with the exception of the 3rd Saturday, I pick up at 4:00 pm and the 4th Sunday I pick up at 4:00 pm rather then noon. This year my youngest son with be starting kindergarden. This limits my actual “time” with both of them to a couple hours before school and a couple hours after. I would like to have at least one full weekend day with them as this is their full day off from school. I have tried to work something out with their mother several times but she refuses to allow for any extra time. Is this basis for a modification?

Asked on December 9, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written about there is a basis for the modification of the shared custody arrangement with your "ex". The problem is that if she will not agree to stipulate to a modication as to the new terms in writing you will need to consult with a family law attorney to possibly file a petition to get what you desire via a motion before the court.


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