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

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?

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.

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

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

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

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.

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

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

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

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

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

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