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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

  1. 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.

  2. 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.

  3. 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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