Q: My son is 15. I'm wanting a 50/50 agreement. Do I need to file a motion to modify custody, or just visitation?
We currently have a shared parenting agreement. I have him twice a week after school until 8 and every other weekend. We split all holidays and breaks from school. But the magistrate said she still considers it basically standard visitation, and the mother the primary guardian or custodial parent, and so ordered standard support. My son just wants to spend more time with me and wants me to have more money to help him get things (like his first car). He and I are wanting to change it to where he's with me for a week then with her for a week, indefinitely. I'll worry about the support order after the visitation/custody is decided. What form do I file?
A: Yes, you should file to modify parenting time. It would be best to have an attorney assist you in how best to present your arguments. You will probably want to ask the magistrate or judge to interview him on what time he’d like with you.
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