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Custody - again

My ex and I have 3 children, the eldest of whom recently turned 12 years of age.  My ex has the children just over 60% of the time, as per a previous custody agreement signed several years ago (I did not agree with it, but signed because it was 'in the best interests of the children' and I was defeated and broke). 

Recently, our children have voiced an interest in spending more time with me.  I'm a good father, and my ex knows it.  I'm interested in re-visiting custody, but my ex is unwilling to discuss or mediate anything, and now we are likely headed for court. 

I'm wondering what the chances are that the court will allow my children to spend more time with me?  My work schedule would easily allow for me to be with them at least 50% of the time, if not more.  I'm well-aware that the courts are becoming more and more interested in parents coming to an agreement without the courts intervening.  How would a typical judge view a parent's refusal to mediate?

I'm just so unbelievably exhausted and frustrated with this whole process. 

Thanks for your time.


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