No, unfortunately they can't. I have found that most judges have the attitude that's if it's not broke, don't fix it. I moved from Fla, for my husband's job, my ex prepared for a long nasty battle in order to keep our child in Fla. Not wanting to put my child in the middle and knowing that the judge would more than likely side w/the ex, I moved, he took Primary and I had visitation several times a year, flying her up North. We moved back a year ago, after being gone for 3 years. I immediately sought as much visitation as my ex would allow, it's been a year, I filed a modification, we have our mediation appt. this month and I am asking for Joint (more like 60/40). Being that my child wants to come back to living with us..I am focusing on that fact, that joint custody benefits my child. She has new infant siblings, a new step dad (we married after we moved), I'm a stay at home mom, etc. etc. I listed all of the benefits that both families offer. I am asking for her every other weekend, every school break (spring, fall, 4 day weekends) and the entire summer with my ex getting her every other weekend during the summer. It comes out to me having her 125 days and my ex 239 (he will have 57 more days a year than me). What hopefully will help me is that I had Primary up until she was 7.5 years and that I aggressively sought visitation after returning. Does that make sense? I would butter up the ex and try and finagle as much visitation as you can, showing the court that your intentions are legit
-------------------- Seize the day. Remember all of those women on the Titanic who waved off the desert cart. E. Bombeck