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?
Divorce / Separation Lawyer
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.
This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.
1 lawyer agrees
Estate Planning Attorney
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.