My ex wife has full physical custody and we have joint legal custody of my son. My visitation is tues. and thurs. afternoons from after school till 730 pm. I get him one day and 1 evening on the weekend(no return time is specified so I usually bring him back around 7 pm). She too often lately demands that I bring him back early on the weekend day I have him because she makes plans. I often have plans as well and she expects me to give them up. If i don't, she will not let me see him as much on Holidays or vacations. In our agreement it states that these times are to be agreed upon by both parties. My question is: do I have grounds for a modification of our agreement to be more specific? There are other issues but this issue is first. I want to protect my sons and my time together. Thanks
Divorce / Separation Lawyer
Most courts require a material change before getting involved in a modification, however, you may be able to show that it is in your child's best interest to modify the existing schedule if he is being adversely affected by less time with you or not knowing for sure how long he has with you or his mother on any given day. It might also be possible to ask your ex to work with a mediator to revise the schedule so that it works for all three of you.
Child Custody Lawyer
To modify, you do need a material change in circumstances, which I believe can be demonstrated by the fact that you used to be able to work out the visitation times but are now unable to do. Of course, this partially depends on how long this has been going on, etc. but in short it sounds like you'd be able to modify for a more definite schedule.
Christine G. DeBernardis, Esq. (978) 777-5393