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Visitation and vacation schedules per MSA - can I always file with the court to have them altered at any time?

San Diego, CA |

If we included visitation and vacation schedules (with our child) within our MSA (schedule we developed on our own and out of the court), I"m assuming they can always be altered/changed if necessary by court order after-the-fact? i.e. I don't like the schedule I have via the MSA I can file a court order to review or mediate for a change?

Attorney Answers 2


Yes, but you will be required to show some reasoning behind it....simply I don't like the deal I made at that time will not be enough. You'll have to show that your kids have grown a bit, and can tolerate longer visits; your work schedule changed necessitating a different result or something of that nature. As long as you are being responsible about your requests that's good and a court will listen to you (although they may not agree with you). You should be careful of making multiple requests over a short period of time. The best results happen when you want to make a change, you contact the other parent and try to work out some new schedule, and then present that to the court to be made a new order. File a Request for Order to modify the visitation only after you've tried to work it out with the other parent.

The information provided is general in nature and should not be considered as legal advice. Shannon Richards is licensed to practice only in California. No answers provided shall constitute and attorney-client relationship. No attorney-client relationship is formed unless and until a potential client contacts the office, meets with Ms. Richards and executes a written fee agreement. Law & Mediation Office of Shannon Richards

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You need to show the court the reasons behind what you are asking for, and they will most likely send you to Family Court Services for mediation if you cannot reach agreement on the changes. The court can make the changes if they find them to be in the best interests of your child. You can always discuss the issues with your ex before proceeding to court.

Answering this question does not form an attorney-client relationship in any way. The answer provided is for general information only as it is impossible to obtain the entire facts from the question posted here. This information should not be relied upon and is not intended as legal advice. You should always talk to a local attorney who can advise you on your specific matter.

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