Custody schedules are set up to fit what’s best for a child when parents split up. An 80/20 custody schedule means one parent has the child 80% of the time, and the other parent has them 20% of the time. This setup works for many families when one parent is better able to handle most of the caregiving, whether because of work, home setup, or the child’s needs.
But as kids get older, their needs change. An 80/20 schedule that worked before might not be the best fit now. Adjusting the custody schedule can be important to keep focusing on what’s best for the child.
Why Modify the 80/20 Custody Schedule?
Sometimes, an 80/20 custody schedule might not work as well as it used to. So, why change it?
Kids Grow Up, and So Do Their Needs
What works for a toddler doesn’t always work for a teenager. As your child grows, their emotional, physical, and school needs change. You have to think about how your schedule is meeting those needs.
Parents’ Lives Change Too
Maybe the parent who doesn’t have as much time now has a more flexible work schedule. That means they can spend more time with the child and want a schedule that reflects that.
Moving Around
If you or your ex moves to a different city or state, it’s hard to keep up with the old custody arrangement. It might be time to adjust the schedule to fit your new locations.
The Child’s Opinion Matters
As kids get older, courts listen more to what they want. So, if your child starts expressing a preference, it’s something to seriously consider.
Health and Developmental Needs
If your child has special needs or health issues that change over time, the custody schedule should be flexible enough to change too.
With all these factors in mind, it’s a good idea to regularly check if the custody arrangement is still the best fit for your child’s well-being. Change is okay, especially if it’s for the better.
Legal Stuff to Know Before Changing an 80/20 Custody Schedule
You should know the legal considerations before thinking about changing your 80/20 custody schedule.
First off, you’ve got to understand the rules in your state. Family courts don’t like to make changes just because someone asks. They want to keep things stable for the child. So, if you’re the one asking for a change, you’ll need a really good reason.
Here’s what courts usually look at:
1. What’s Best for the Child
This is the number one priority. The court will look at how the change could affect your child’s emotional and physical well-being, their relationship with both parents, and overall stability. You have to prove that this change will make things better for your kid.
2. The Child’s Age and Maturity
If your child is older and mature enough, the court might want to know what they think about the changes.
3. How Well You Work with the Other Parent
Courts like to see parents working together. If you and your ex can show that you’re putting your child’s needs first and can cooperate, it’ll look good on you.
My advice for you : If you and your ex can agree on a new schedule, you can skip the court drama. Just get it in writing and have it approved. But, if you can’t see eye-to-eye, you’ll probably need to take it to court and let a judge decide. Better you can take the help of a mediator in this case.
Keep these things in mind before making any moves. It’s all about making sure the changes you want are really the best thing for your child.
Step-by-Step Guide to Changing an 80/20 Custody Schedule
Step 1: Look at Your Child’s Needs
As your child grows, their schedule changes. More schoolwork, new friends, and different activities can all impact your current custody plan. For example, if your child just started middle school, they may have evening activities that make it tough for the non-custodial parent to spend time with them during the week.
Take a moment to review your current schedule. Ask yourself:
- Is there enough time for your child to finish homework and attend events?
- Are both parents able to handle transportation to and from activities?
Step 2: Talk to the Other Parent
Having an open conversation with your co-parent is critical when considering a change to the schedule. Make sure both of you can share your thoughts and ideas.
You might want to suggest a different schedule, like switching to a 70/30 or 60/40 split, if it seems like a better fit. Being flexible and willing to collaborate shows that you’re putting your child’s needs first.
Step 3: Keep Track of Any Changes in Your Child’s Needs
It’s a good idea to document changes in your child’s routine. For example:
- New school or activity schedules
- Medical appointments
- Notes from teachers or counselors showing that the current custody plan is no longer working
If one parent has a new job or is moving, make sure you have a record of how these changes will affect the current schedule.
Step 4: Consider Your Child’s Opinion
Older kids, especially those in middle or high school, might have their own thoughts on the custody arrangement. Most states consider the opinions of children 12 and older, but it varies.
For example, a Texas family had an 80/20 schedule since their son was a toddler. When he turned 13, he asked to spend more time with his non-custodial dad. After talking it over, the parents agreed on a 60/40 split, giving their son more balance and quality time with both parents.
Step 5: Bring in a Mediator if You Can’t Agree
If you and your co-parent are having a hard time agreeing, consider using a mediator. A mediator is a neutral third party who can help both of you focus on what’s best for your child, rather than old arguments.
They can also help you create a more flexible plan that adjusts as your child grows, making it less likely that you’ll need to go to court later.
Step 6: File the Change in Court
Once you both agree on the new plan, it’s time to make it official by submitting it to the family court. This ensures that the new schedule is legally binding.
If you can’t agree, one parent can ask the court to modify the custody order. In that case, a judge will listen to both sides and decide what’s best for your child.