QUESTION
What do I do if my ex is trying to limit my visitation with our son?
Asked on Jan 17th, 2013 on Child Custody - Delaware
More details to this question:
My ex and I have a visitation schedule every other weekend and I am supposed to get him on Wednesdays 12-8. The court order also allows me to pick him up from school for a few hours during the week for added time. I started a new job where I have to work on Wednesdays so we came to an agreement that I would still get him after work for a few hours and that I would in addition pick him up from school on Thursday for a few hours, then on my weekend he would stay a few hours later on Sunday. It was nothing late into the night just a little later. My ex has also started a new job where she works all the time and doesn’t see our son a lot. She now wants me to give up Thursdays and the extra time on Sundays because she feels it’s unfair that I get this extra time with him just because I changed jobs and that her job keeps her from seeing him. I so far have told her that it’s not right because I’m making time to see him and she doesn’t. My time does not interfere with time she has because she is usually at work during the time I have him. I want to know if she has grounds to object or she is just out of luck that she decided to choose a career over our son’s time.
6 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Follow the court order on visitation or file a motion to change it based on her changing jobs.
Answered on Apr 05th, 2013 at 3:56 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your best bet is to go back to court and get the order modified. Best would be for the two of you to work it out and submit a stipulation.
Answered on Jan 23rd, 2013 at 12:59 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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You can modify parenting time (ie rearrange the schedule) at any time provided it is in the best interests of the child. If a parent begins to restrict access, however, that could be cause to modify custody or the parenting time schedule. I would suggest contacting an attorney to discuss your case in detail. Sometimes rearranging the schedule to accommodate new circumstances, like a job, simply means trying to reach an agreement with the other parent. Other times it might mean litigating.
Answered on Jan 23rd, 2013 at 12:57 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Either one of you could simply say that you are only willing to follow the court order. If the schedule no longer works for your respective schedules, perhaps you should both modify it. You can seek out more time if your schedule permits it.
Answered on Jan 23rd, 2013 at 12:57 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can modify the terms of the parenting time schedule at any time. Consult with an attorney to discuss this issue further.
Answered on Jan 23rd, 2013 at 12:55 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Whatever is done will have to be through Court to modify the Order
Answered on Jan 22nd, 2013 at 3:41 PM