[MD] Could a court order for custody be modified to accommodate an inconsistent work schedule when the parents live 4 hours away from one another?

I have primary physical, my coparent has visitation, and we have joint legal custody. My coparent currently lives almost 4 hours away from us. We had a temporary agreement that just became permanent: they get every other weekend and two weeks out of the summer.

When this was ordered, my coparent was unemployed. They recently took on a new job that pays great, however, the schedule is super inconsistent. They work day/night shifts all week and weekends are rarely off. When they do have off, they’re on call.

I currently work a consistent schedule with weekends and holidays off. My coparent recently threatened to take me back to court to have the court order modified if I don’t meet them during the week so they could have Saturday-Monday (which deviates from the court ordered Thursday-Sunday).

Normally when we meet every other Thursday, I’m not too concerned about the kids losing sleep as they’re able to sleep in with their other parent. I do not feel it is fair to the kids to have them come back home with me during a weekday as we would get in really late and have to be up early in the morning. Im used to not getting sleep, however, my kids are not and they are still so young.

With my job, I am unable to leave work or take off when I want unless it is an emergency or theres a medical appointment.

My coparent is not willing or able to find a daycare to accommodate their unpredictable schedule… they already cancelled their first week in the summer. I’ve done my best to video call with the kids as much as possible (almost every day, even though it’s not court ordered). My coparent demanded more calls and daily updates on the kids (this has been going on since before they gained employment).

If this does end up in court, what might the outcome be? How have these things been handled before with conflicting schedules and distance in mind?

[Tl;dr] My coparent and I are 4 hours away from one another. The court ordered agreement says my coparent gets every other Thursday-Sunday, however, they are now employed at a new job where their schedule is very inconsistent. I work a steady mon-fri job and am curious to know how scenarios like this turn out as he’s threatening to take me to court to have the court order mo

Posted Jul 1, 2021, 12:25 AM UTC

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