Corning, NY asked in Divorce for New York

Q: Can my ex Husband force me into an every other week schedule after 7 years of splitting the week?

I have been divorced for 7 years, we have two kids, during the custody negotiations my ex-husband was contracted by choice to work weekends as an ICU nurse. He would not take any weekends and because I wanted him to see the kids I agreed to a schedule that was Monday afternoon until Thursday afternoons and I have then Thursday until Monday mornings. This was hard on me having to do all activities and care for two kids every weekend but its better now that they are older.

He continued through the years to contract himself on this shift because he liked having the week off.

Fast forward to today he graduated from school to become an NP, he now works during the week and is demanding we go to an every other week schedule. My 9 year old is very close with me and doesn't want to go that long without seeing me. Also I am single with no family here, I have to travel for my job until the evening sometimes and would have to contract child care. I offered one weekend a month but he said no

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: He cannot force you to make a change if you do not want to. He can bring the matter to court and the court will decide what is in the children's best interests. You should be aware, that the usual visitation schedule is every other weekend and 1 night for dinner each week. You can however work out any schedule that the 2 of you agree to. Consult a local attorney for more guidance.

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