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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27256
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have full physical custody and joint legal custody of my

Customer Question

i have full physical custody and joint legal custody of my daughter is there anyway my daughters father can take me to court for full custody based off of the hrs i work and the daycare i have my daughter in?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. The Judge is always going to act in the best interest of the child. If you can properly care for the child, then I am not inclined to believe that the Judge would take full custody away from you. However, if the father can provide care, during the hours that you work and that does not require the child to be in day care, the Judge may consider allowing the father more time or visitation. The father can try and argue that his schedule is better suited for the child BUT that alone would not be a basis to modify custody.

Customer: replied 1 year ago.
her father works night shift and i work any where between 10 to 8 during the day
Expert:  FamilyAnswer replied 1 year ago.

What the father can argue for and do, is offer to watch the child once daycare lets out, until you get home after 8. This way, he has more time with the child and she is still in a productive environment, like daycare, where there is learning and activities.

Customer: replied 1 year ago.
ok the only problem with that would be that he lives and hr away.
Expert:  FamilyAnswer replied 1 year ago.

Yes, that would be a problem. How old is the child and what time does he start work?

Customer: replied 1 year ago.
she is 2 yrs old and idk what time he starts i think it would be like any other 3rd shift job
Expert:  FamilyAnswer replied 1 year ago.

Since the court awarded you full physical custody, he is going to have to show a reason to modify this, based upon a substantial change in circumstances, that was not known or resulted after custody was ordered by the court. Yes, he may work the night shift and could care for the child during the day BUT it may not be what is best for the child either. If he lives an hour away, you could always propose to meet in the middle, so this way you do not have to incur the cost of day care, if he can watch the child

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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