When can a co-parent ask for more time with their children?

On Behalf of | Feb 2, 2025 | Time - Sharing Law

Sometimes, divorcing or separating parents fight in family court over their parenting plans. If one parent has compelling evidence of unsafe circumstances, the courts may award that parent the vast majority of parenting time. The courts may even relegate the other parent to visitation only, possibly even supervised visitation.

Sometimes, parents reach the conclusion on their own that one parent should have most or all parental responsibilities. A parent fearing child custody litigation, dealing with unstable housing or facing criminal charges might agree to voluntarily limit their time-sharing rights. Eventually, parents may hope to increase how much time they have with their children.

Parents hoping to get more time with their children can potentially go back to family court and request a custody modification. When are parents potentially able to request increased time with their children?

1. When they agree with the other parent

The easiest way to obtain more time sharing is through communication with the other parent. They may appreciate the respite they receive or may simply want to do what is best for their children, including fostering a healthy relationship with the other parent.

Provided that parents agree on the specific adjustments they want to make, they can pursue an uncontested modification of parenting time that increases the time-sharing allocated to one adult.

2. When they stabilize their situation

Instability during or immediately after a divorce or breakup is common. People may struggle to find housing. They might lose their jobs due to the emotional reactions they have or other issues related to their divorce.

When a parent has successfully addressed the issues that prevented them from fully asserting their parental rights, they can potentially ask the courts to reconsider the situation and increase their parenting time. The courts want to establish time-sharing terms that are in the best interests of the children. Maintaining a strong bond with both parents is often the best possible outcome.

3. When they have addressed sources of concern

There are numerous personal challenges that may leave the courts concerned about a parent’s ability to care for their children appropriately. A history of domestic violence or mental health challenges could raise concerns about a parent’s capabilities.

A recent history of substance abuse could also influence what the courts believe is appropriate for the family. If a parent has attended parenting courses, substance abuse counseling or anger management, the completion of that treatment could convince the courts that they are in a better position to meet the needs of their children going forward.

Recognizing when a situation has improved enough to justify a formal custody modification may help parents increase how much time they get to spend with their children. Parents who demonstrate a commitment to self-improvement and a desire to show up for their children may be able to influence what the courts believe might be best for their children.