Q: My ex and I have a custody 80/20 custody agreement. He wants shared custody but he lives over an hour from their school.
The children are 5&8 and I just bought a house where the school is across the street. The kids would have to be awake by 6-6:30 to be out of the house by 7:15 to be on time at 8:30 to school. I do not think this is an acceptable arrangement but I am still worried. He’s an active father and has always shown up for visitation and paid support. This case could jeopardize my home purchase. I meet with an attorney on Friday but I am so worried about this and would like a legal opinion sooner if possible. He also lives in his girlfriends house with her 3 children (3, 9, 11) as well. Am I looking at a lengthy custody fight even if we already have orders in place? His reasoning is because he moved into the house full time and the girls will have their own room and because he now works from home with a more flexible schedule.
A: One step at a time....has your ex filed anything with the court? Until he does, and a judge agrees with him, the court orders remain in place. It will be hard for any attorney to give you a definite opinion without a pleading. What can be said is that if your ex wants a change, it will be his burden to convince the judge, not yours.
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