50/50 custody, father not home a lot, 2nd girlfriend watches children, one child dev. delayed. Can I get full custody with visitation fore the father?

Dear Anonymous:    To petition the court for a change in timesharing ( we don't call it "custody" in Florida anymore), one has to be abe to first allege and then prove that there has been a substantial change in circumstances that was not anticipated at the time the original parenting plan/timesharing was established, and, most importantly, you have to be able to show it is in the child's best interest for the change to occur.   It is highly unlikley, dare I say nearly impossible for one parent to have all timesharing to the exclusion of the other.  However, if your parenting plan contemplated that dad would be with the child at 4:00 and he's not coming home until (for example) 8:00 and not spending time with your child, then that would likely qualify for the substantial change that was not anticipated  (at least by you) when the plan was ordered by the court.  However, you will still have the burden to show that this is in the best interst of your child to change the timesharing.  Although from a logic standpoint, it would seem that if you could be with your child from 4:00 (or earlier) each day, and  interaction with a parent (versus a girlfriend) is better, then you would have a slam dunk.  The law is usually more demanding.  Experts, or other outside evidence that  shows why being with you versus the girlfriend will improve you child's life would also be considered. I would not go for "full custody" but to modify so that when dad has time, it is actually time he will spend with your child, and if he cannot be there then you are able to do things with the child to aid in helping with the delayed development. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561/962-2785