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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29814
Experience:  Attorney with experience in family law.
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my ex wife and i have joint custody of my 10 year old daughter,

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my ex wife and i have joint custody of my 10 year old daughter, and she has domicile. She lives with her parents. we have the standard visitation, every other weekend but sometimes because of my work ( I am on call frequently at my medical equipment service job, and I play in a band on weekends for extra money, ) and her social life, we have mutually agreed to switch or i have not exercised my visitation for part of the weekend. I want my wife to let me have my daughter sat sunday and monday instead of fri sat and sunday and she refuses because she says she doesnt trust me to get her to school on time on Monday) ( I have been occasionally late in the past) The weekend of her birthday I was supposed to have her but she said they had plans and wouldnt agree to it. What are my options to rectify this problem

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If the two of you cannot agree, your option for changing the custody arrangement is to file a Motion to Modify Custody, asking the judge to impose the new agreement. There are two things that must be established:
1. That there has been a material change in circumstances since the original order was entered and, therefore, it is appropriate for the judge to revisit and modify the custody order, and
2. That the change is in the best interests of your daughter.

If she's not getting to see you because you work on Friday nights, that might be one way that she would benefit from the change. If your differing schedules often result in temporary adjustments, you could also argue that your daughter benefits from stability, so it is better to enter a new schedule that wouldn't have to be changed so frequently. You would also give any other reasons you have for the change and how it would benefit her. If your ex-wife has no reason to believe that you wouldn't be able to get your daughter to school on Monday, you'll be able to try use that to refute her stated reason for objecting to the change.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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