Kids mom willingly gave me more time share (From 50/50 to 70/30). Can she get it back?

Co-parenting issues Forum
1

This has been the 3rd time I’ve had to hire a lawyer to take my child’s mom to court. This time she decided not to hire a lawyer and just give me 70/30 willingly and comply with my other requests about our child, so I didn’t take her to court again. I am curious how easy it would be for her to go back to court in the future to get the time back to 50/50 since she so easily gave it up. Here are some key points about our situation:

  • Went 3 months straight without seeing our child (2 years old at the time) — all documented.
  • Has a court order that she is no longer allowed to physically discipline our child.
  • Has had our child living with 3 different men in 2 years — was married to 2 of them and now dating the other.
  • Willingly brought our child around a registered sex offender without my knowledge, resulting in a court order.
  • Has a court order that she must have her own residence and is no longer allowed to live with new partners.
  • My child goes to school in my county (he’s 5 now) while she lives in a different county about 35 minutes away.
  • Got our child taken away by CPS during an investigation but was later allowed to continue time share.
  • Has 70/30 custody with her other child’s father.

How easy would it be for her to get back to 50/50 with this history?

2

It’s going to be hard. Once you give something to the other parent, you have to have a really solid reason for the judge to make you give it back.

3

If she agrees to 70/30, make sure that’s put in writing and submitted to the court as an official order.

4

Let her fight for it. The judge might even consider your situation and give you sole custody with supervised visits for her.

5

In my state, you need a compelling reason to change a parenting plan. Wanting more time isn’t usually enough.

6

I think it’s generally easier to give up time than to get more back. If she tries for 50/50, it won’t be simple, especially if you dispute it.

7

You need to make it a court order. If it’s just an informal agreement, she could change it anytime.

8

It really depends on her recent behavior. If she can show consistency and stability, she might have a case.

9

In some states, it might be easier than you think for her to get back to 50/50. Kentucky laws might differ, though.

10

Did you file the new agreement with the court? You could also file for child support based on the 70/30 arrangement.

11

You have grounds for full custody based on her past behavior. It’s time to consider fighting for it.

12

It is a court order, thankfully. Just unsure how easily a judge would grant her 50/50 again if she tried.