Interim child custody of boy child below 5 years

Experts, I got visitation of my 4 years 10 years old child once in a month for 2.5 hrs. After seeing him for 5 times, I filed for modification petition asking judge to modify the old order and gimme weekend custody.But judge is reluctant and telling overnight custody of child below 5 years cannot be given.I asked atleast one weekend per month,still she couldn't. But she is ready to give one day in two weeks.She asked me to file Proof of affidavit to close the case. What should I do now? Shall I ask judge to gimme order in modification petition first, then I will submit POA?so that I can go for appeal? The latest law commission report 257 supports joint custody of child below 5 years I believe