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Father wants more time. Can I keep the visitation schedule the same?

Irvine, CA |

Current court order is 50/50 Joint/Legal with father visitation set at extended every other weekend (10 Days with Mom, 4 Days with Father) Our daughter is 4 years old and we have had this schedule for 3 years. Father has moved closer and is demanding more time, such as, every other week or 2,2,3 schedule. Can I keep the visitation schedule the same?

Attorney Answers 3

Posted

Keeping the schedule the same is possible, but all of the facts need to be analyzed. The father's move closer may create a substantial change in circumstances. The court would need to look at what is in the child's best interest. If the father has a compelling argument, he may prevail. This is a very general question. You should consult with a child custody attorney, because all of the facts can be analyzed and a proper assessment can be made. These posts make it difficult to give a thorough answer in a short post.

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Asker

Posted

What would be a compelling argument? He basically states that since he moved closer he should be able to have more time. When we divorced I moved home to OC for financial reasons and he stayed in the SF. The SF courts, the mediator, suggested we should fly back and forth with that schedule and we did that for almost 3 years. Ridiculous but we made the best of it. During mediation in the beginning when things were some what civil I told him we could split time if he moved down. He declined decided to fight me for split time up there but the judge keep this same order. He waited three years to move and now he saying I moved and you said I could have more time give me more time or I will take you back to court. So, my question is moving from SF to OC enough evidence to get more time? My daughter has been in this routine for 3 years.

Posted

You can keep the schedule the same. There is no reason for you to disrupt the schedule. He can file with the court and prove to the court that he has reason to have the visitation schedule change.

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Posted

What type of evidence would be enough to prove that? He is throwing my words that i stated in mediation 3 years ago against me now since i guess he was ready to move here.

A J. Williams

A J. Williams

Posted

His proof would include advising the court of his move closer, his desire to see his daughter, his past conduct in ensuring he has a relationship with her, and anything else that would support having your daughter for more time.

Posted

You can keep it the same until the court has a reason to modify the court order.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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