modifications to visitation

LeXi'S MOmMy - posted on 11/27/2012 ( 3 moms have responded )

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Visitation arrangements were established in April 2012... In that arrangement my daughters father got her every other weekend and one night A week for dinner. Him and his lawyer failed to request holidays. Now since the holiday season is here he is requesting through me that he gets her on the holidays. and he would like more time during the week... nothing has been brought to the court regarding this yet. Needless to say I have a bad lawyer... She is telling me just to give it to him.. I dont think that I should have to.. And I dont want to.. I have read a lot of articles on the internet saying that a visitation or custody order can not be modified within two years of the original order unless there has been a substantial change... Which there has not... So I was just wondering if what I was reading was correct... I dont think that he can get the order modified just because he failed to mention the holidays...Please help

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LeXi'S MOmMy - posted on 11/27/2012

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I am not taking her advise because she hasnt been willing to fight for anything... She says that she is too busy to go back to court and it would be easier for us in the long run if I just give him what he wants... I have no problems sharing the holidays with him what so ever.. The only problem is that there is a current order of protection out on him from me... In december he struck me several times while i was holding my child because he was intoxicated...That whole situation just got settled in court...So in this order someone else on my be half drops off and picks up my child... He is extremely rude to all of them and a lot of people wont help me out anymore... So i am stuck finding people to do the exchanges for me... This man is making my life a living hell and he even told his lawyer that if he didnt have too pay child support he wouldnt ask for visitation. My daughter goes to her grandmas house most of the time instead of his because he has a party to go to every other weekend.. he is doing all of this to get back at me... not to spend time with her.

Lacye - posted on 11/27/2012

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What is the problem with sharing the holidays with him? How you you like seeing your kids only every other weekend and no more than that? Sounds like shit doesn't it. Just work something out with him and let him see his kids during the holidays.

Dove - posted on 11/27/2012

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Every other weekend, right.... so does he get the weekend before or after Christmas? If it's before.... why not let him have her til Monday (Christmas Eve) and if it's after.... why not let him have her a day or two early... or stay over New Year's Eve (if he would prefer).



Just an FYI.... we modified our visitation order 2 times in less than 2 years, so.... if this is important enough to him he'll take it to court and the judge might grant it.



If there is no court order for it, you don't have to give up the actual holiday, but your lawyer is probably trying to get you to work with him because he/she knows that this isn't an unreasonable request.



Why would you take random internet advice over the words of YOUR actual lawyer who knows your case and situation?

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