If I have joint custody can I lose it because of a temporary job switch that forces me to miss most of one of 3 my weekends?

I get 3 weekends a month during school and split weeks during the summer. Joint custody, no support. Mom has weekdays due to school in her area. My new job has me working 2 weekends a month 6pm-6am. Essentially that means one of my wknds, I'm not able to be home nights. Normally this wouldnt be an issue because my live in girlfriend of 3 years would be home to watch her until I'm home at 6am. My job allows me time to rest and I can sleep for a few hours when I get home and be awake when she gets up. Problem is that we have a clause that states if either of us is not going to be with her for more than 8 hours, we have to offer her to the other parent. I work a twelve hour shift so her mother insists on taking her those nights. I get her during the days on those weekends except for a few here and there when her mother requests to keep her for family plans or her brownies activities. Her mother has filed to reopen our case and now wants to change the parenting plan so that I only get 2 weekends a month due to my job and get support. Is it likely the court will take this time from me? Will they possibly agree with me we should change the 8hr rule. All I'd miss is a few hours before bed on that one weekend fri and sat night. Other than that she'd be sleeping the rest of the time and I'd be home with her during the days. If needed I'll quit my job b4 losing time with her but the court should understand i took the job to better our lives and it's tempor

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Answer 1 / 1 - Submitted 13 days ago...

tomturkey

Brain (6,470)

The mother is being very unfair to you, there is no reason why your girl-friend should not be able to watch your chld, however if there is a stipulation that any time that either of you cannot be with the child within a 8 hour period then you have to follow that stipulation. If you have a job that you have to work on one of your weekends, so what? The courts do not take away your visitations because you work, the court grants visitations, they do not eforce visitations, so if you cannot for some reason get your child for a week-end that is your choice, I would never of put that kind of stipulation in the custody order, about the 8 hour clause, but you did. Usally when modivacation can be filed though the court is when a custodial parent can prove that the non-custodial parent is putting thier child in danger while being with them, or abusive, and the mother would need proof. What will probary happen here is the court if they do anything it will probary be ordering the both of you to go to mediation to work out your differences. The mediator will inform your ex, that you are not doing anything wrong, if anything the mediator will sujest that if the mother does not like keeping the child on your weekends, then to allow you to let your girlfriend watch her until you get home, personnally I think the mother is being rediculous. You can consult with an attorney if that makes you feel more comforiable, there are many that offer free consutation and it is worth your time to consult, but I do not see any reason that the court would do anything other than ordering you both to go to a mediator, this is your child so I always sujest that you consult with an attorney.

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Submitted 13 days ago...

NHDad

New User (9)

Thanks again for the reply. As you've probably noticed I posted a few different questions which relate to the same situation. Thanks for taking the time to answer them, I'm sorry if I repeated myself in the questions. As I stated before, I was a little worried, but I feel a lot more comfortable now.

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