In most cases, a situation like the one you describe would not be considered a violation, but it’s difficult to know exactly what a given judge might decide in a given case.
Some questions that may play into the matter include how long you’ve been divorced and how long you’ve worked nights.
If this is a longstanding situation that your spouse has known about for months or years, it’s unlikely that the petition would go anywhere.
If these are new circumstances, your spouse may simply want to use the changed circumstances to take another shot at getting custody.
If that’s the case, you need an attorney to protect you.
The lawyers at Zelenitz, Shapiro & D’Agostino protect our clients from vindictive ex-spouses, and protect their rights as parents.
Call us today at 718-523-1111 to speak to an experienced Queens child custody attorney for free.