[ymartinez6780]

Hello, I'm from New York and my husband and I currently find ourselves in 2 cases involving his son. My husband has physical custody over his son (and has had it for 3 years), with joint legal custody shared with his ex. She recently petitioned for a modification in visitation. She is asking for every weekend and that we meet her half way on the days he is dropped off/picked up. We are sympathetic to her request for more time and have mediated with her to try and work things out. We have set forth a generous proposal that would allow her visitation with her son every non-school day from 9-7 as long as she calls ahead. We did not propose a change with the weekends because we are not willing to give up our weekend with him. As a result of our inability to reach an agreement, a trial date has been set for this case. HERE IS WHERE MY CONCERN IS: 3 days later My husbands ex filed a petition to attain full physical custody of their son. It took me off guard as I did not think this was something you could do, especially with a trial set for one hearing. In her petition she mentions that she would like full custody with my husband picking what days he would like for visitation. This portion of the petition is written after she writes "no change" for the portion which ask what "change in circumstances" have led to this request. Do I have evidence toward a motion to dismiss here?