QUESTION
Should I go back to court for reduced visitation?
Asked on Sep 16th, 2013 on Family Law - California
More details to this question:
My current custody aggreement with my son's father is the father has visitation every other weekend from Friday at 6pm to Sunday at 6pm. My husband and I currently moved about 2 hours away from my son's father and we are still adhering to the custody agreement. Over the last year I have been documenting the time my son actually spends with his father during his visitation and it averages about 4-5 hours during each weekend, he is spending most of the time with the father's mother (my son's grandma). Is it likely that a judge would reduce the visitation based on the facts that the father isn't even spending his alloted time with my son? Or would going back to court just be a waste of time and money? Driving my son 2 hours every other weekend to spend time with his father has become a burden especially that my son doesn't even spend that much time with his father.
1 ANSWER
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Since you have moved so far away, it would be advisable to go back to court to change the current order. Your new order could detail how he is to be exchanged such as meeting the other parent at a half way point. It could also detail a change in the current visitation depending on the age of the child and his school & sports schedule.
You may also state that you want more time with the child due to the fact that the father is not spending this time with the child and leaving him in the care of the grandmother.
These changes can be agreed upon & approved by the court or settled by the judge in court.
Answered on Sep 16th, 2013 at 3:52 PM