Life constantly changes, and as your children grow, you may find that the visitation schedule outlined during your divorce needs to be modified. Maybe one parent is relocating, or the current agreement isn’t being followed. There are many valid reasons to change the visitation schedule, but revisions can seem overwhelming, especially if communication with your former spouse is painful. A visitation schedule can be altered by order of the court, or through both parents agreeing to new terms.
When Both Parents Agree to Change the Visitation Schedule
The most straightforward way to modify a visitation schedule is for both parents to reach an agreement without involving the court. If cooperation is possible, the new plan can be filed, and a judge will then make the agreement legally valid and binding. The rare exception to this would be if the court suspected coercion, or believed proposed changes would be detrimental to the wellbeing of the child.
Changing a Visitation Schedule By Order of the Court
If you wish to modify the visitation schedule, but the other parent is not in agreement, it’s possible to seek resolution in court. But in order to modify your visitation schedule through legal channels, it’s necessary to demonstrate circumstances that call for an update to your current plan. This will also require supporting documents, for example, a job offer in another state. Ultimately, the judge will decide if changes are appropriate and in the best interest of the child.
How to Enforce the Visitation Schedule
If one parent refuses to follow the custody or visitation order there are a couple of options. Once a judge signs off on a visitation schedule it can be enforced by the local police department because it has the force of law. It’s important to keep a copy of your current order (with the file stamp) in a safe place, as well as a record of any violations to the visitation agreement. If issues are not resolved, you can file an action for contempt, asking the court to enforce the order. Keep in mind that verbal agreements are not enforceable, so all parenting plans should be legally documented.
Getting Help
As a final resort, it may be possible to reach a visitation agreement with the help of a trained mediator. However, if court is inevitable, a lawyer can advocate on your behalf, as well as advise in the process of filing the proper forms to ensure the best outcome for you and your child.
Our firm offers either legal representation or mediation services. Should you have questions about your visitation or custody issues, schedule a free consultation with one of our family law attorneys at Whipple, Mercado & Associates.