I filed for divorce when my daughter was about to turn two. I was a work from home dad, and the mother didn't have a job. When we went through the custody arrangement, she tried to state that I wasn't capable or responsible to have our almost two year old overnight by myself. This was obviously horseshit, because I took just as much a part in the feeding, bathing, rocking in the middle of the night, as the mother did. Fast forward, and I get overnights during my time. However, there was a clause in the divorce agreement paperwork that said when my daughter starts kindergarten, my midweek overnights go away. Now the mother is trying to enforce this, as our daughter starts kindergarten next week.

I have contacted my lawyer and he said if I can't reach an agreement with the mother, that we'll have to go to court to modify the agreement. I have had midweek overnights for over the last three years, including this past year where I took her to preschool anytime I had her overnight. The mother claims having a regular schedule for our daughter in school is what's best from her, but going from 2.5-3 overnights a week with me to suddenly only having 1-1.5 a week seems like it wouldn't be best for her, but for the mom who continually tries to push me out (new fiance, new child).

Curious about anyone's experience with overnights and modifying custody agreements. Do I have precedence here because of last year (pre-school) and the previous three plus years of overnights? I haven't done anything wrong since the divorce happened. Always taken my time. No run ins with the law. Kept steady jobs. The daughter loves being around me.

Any experience would be great. I'm moving forward with the modification, as the lawyer seems to think it will be fine.