Nicole Curtis‘ ex is requesting that his parenting time with their 2½-year-old son, Harper, be increased.
According to court documents filed Nov. 13 in the State of Michigan’s Circuit Court for Oakland County Family Division obtained by The Blast, Shane Anthony Maguire is requesting to clarify the former couple’s current parenting order — and asking to expand his parenting time.
Maguire’s filing comes amid the pair’s “heart-wrenching” two-year custody battle and just days after Curtis, 54, opened up to PEOPLE last week about her decision to continue breastfeeding their 30-month-old.
“Every single day I have to weather criticism about how my child is too old to breastfeed,” said the Rehab Addict star. “But when he weans, it’s going to be his decision. I truly believe it’s the child’s choice.”
In June 2016, Maguire, 54, was awarded visitation of Harper, who was born on May 19, 2015. According to the documents, the exes are following a parenting time schedule that was set forth in July 2016, as well as the parenting time order from July 2017, “which clarified some of the provisions in the judgment.”
“[Maguire] shall have alternating weekends from Thursday at 7:00 p.m. through Monday at noon,” the consent judgment states. “When [Maguire] exercises parenting time in Minnesota, [Curtis] shall fly to Minnesota with the child and deliver the child to [Maguire’s] house and that at the end of [Maguire’s] parenting time, [Maguire] shall deliver the child to [Curtis] at her home in Minnesota,” the July 2017 order states.
According to the motion, Maguire alleges that days before Harper was born, Curtis moved from Minnesota to Michigan — where she gave birth — without notice.
Now, Maguire has sold his home in Minnesota and relocated both his home and business to Michigan to be closer to Harper “because of the ongoing difficulty in exercising parenting time and the frequent amount of airline travel involved,” the documents state.
Because Maguire is claiming that his circumstances have changed, he is asking that the court award him additional parenting time.
“[Maguire] now resides in Michigan and is therefore available for additional parenting time without requiring airline travel to exchange the child,” the documents read.
“Because [Maguire] now resides in Michigan, he is available to take the child when [Curtis] is required to travel out of town on business — again lessening the amount of airline travel for the child, especially given the number of times [Curtis] has stated that the child has been too sick to fly.”
Curtis’ ex also claims that “it would be in the best interest of Harper for [Maguire] to be awarded expanded parenting time” and alleges that Harper “no longer needs to be nursed — another reason [Curtis] opposed [Maguire] having additional parenting time.”
The reality star’s decision to continue breastfeeding Harper has become a point of contention in the custody battle. Maguire initially accused the HGTV star of continuing to breastfeed their toddler as a way to prevent him from getting time with his son. Curtis, however, denied that she ever wanted it to become a problem. (She practices babyled weaning where Harper eats at his own pace.)
“It’s so important that children have both of their parents,” she told PEOPLE. “But [preventing] me from breastfeeding my child just so he can see the dad is not right.”
After legally proving that “my body did not produce enough,” she was granted access to Harper once a day during Maguire’s visitations.
It was only in effect for a month since the agreement ended when Harper turned 1. (Pediatricians advise that infants under the age of 1 must eat either breastmilk or formula, with several studies showing distinct advantages to breastfeeding. After 12 months, breastmilk is no longer considered nutritionally necessary and parents may introduce cow’s milk. According to the World Health Organization, exclusive breastfeeding for 6 months is the optimal way of feeding infants. Thereafter, infants should receive complementary foods with continued breastfeeding up to 2 years of age or beyond.)
Maguire has filed several motions over the course of a year to enforce his parenting time (one of which resulted in Curtis being held in contempt of court), but Curtis said things are slowly getting to a more secure place.
Maguire’s attorney, Jerry Cavellier, previously told PEOPLE his client has “recently purchased his own home in the Detroit area,” where Curtis is based, and added, “He would do anything for his son, including relocating to another state. He is a wonderful father.”