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Is it reasonable to ask for more visitation time with my child during summer vacations and holiday breaks.

Fallbrook, CA |

School isnt in session during the breaks and the only reason I have less custody during school days is the distance between us parents. We currently have 50/50 during breaks and since I have only 25% during school year I would like to have more than 50% during breaks to have more time to spend with child. I also would like to have three weekends a month during the school year not two which was a recomendation by a counselor but somehow our last order didnt reflect that even though we adopted the counselors recommendation. I had one attorney tell me this wasnt possible to pick up more time for no other reason than he said "The courts dont do this" The child also wants more time with I have a chance at my request or is that attorney right courts wont do that?

I dont want to start down a path that isnt possible to change. The child is in middle school if that matters

Attorney Answers 1

  1. Family Code 3042 requires courts to now consider the wishes of children, but only if the child is of sufficient age, intelligence and maturity to make a good decision that's really in their own best interest. So the fact your child wants more time could be a "change of circumstance" (which is generally required to modify a court order for custody or visitation. To be successful, you need to establish a nexus between what you want the court to do and HOW it will benefit your child. Asking because you think it's fair or want it will not matter and how much did you consider the benefit to keeping a working schedule in place. Kids usually don't like changes and they also might say one thing to mom and something else to dad and then say nothing helpful to a counselor if asked. And you shouldn't talk about it with your child because they just feel like it puts them in the middle and that can only lead to loyalty conflicts with one or the other parent. You can change the schedule but it really is very complicated with no guaranteed results. Talk to a couple lawyers who do custody work before you do anything.

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