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We have a final judgement for custody of my son but some holidays were not specified that I wish to be added...What can I do?

Cape Coral, FL |

Christmas, Thanksgiving, Easter and Summer were the only holidays specified being split between odd and even years.

Attorney Answers 4

Posted

You could theoretically file a Supplemental Motion to modify the original Final Judgment, but that may not be granted unless there has been a significant change in circumstances. A better approach, assuming you and your spouse are able to agree on a more specific holiday time-sharing schedule, would be to prepare a consent modification of the time-sharing schedule to present to the court.

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Posted

Thank you for the information. However, we do agree that the holidays should all be shared; she does not agree with going through court to have it placed into judgement but I am afraid that if I do not have it added that if she changes her mind to benefit her there will be nothing I can do (such as hold her in contempt) because it is not in judgement. If I do get her to agree and file it through the courts is there a specific form for a consent modification of time sharing?

Posted

You would not be able to file for a modification as you are required to have a substantial change in circumstances in order to do so. Not specifying other holidays is not a substantial change.

If you are on good terms with the opposing party you can file an uncontested modification if you can both agree to the terms. I suggest having the agreement drafted by an attorney and having it signed prior to the filing of the case. Otherwise the normal schedule would apply to any holidays that are not specifically mentioned and it will be the luck of the draw as to who gets what holidays unless you both agree.

Michael Ferrin, Esq.
Anderson & Ferrin Attorneys at Law P.A.
1214 E. Livingston St
Orlando, FL 32803
Phone (407)-412-7041
Fax (407)-802-2283

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements

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Posted

In order for you to have these holidays added to your Parenting plan, you will need to have an agreement with your ex to stipulate to a modification of the time sharing aspect of parenting plan.
As this is not a "substantial change" in circumstances since the final judgment you will need a stipulation to do this.

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Posted

There really is no final judgment when custody and visitation of a minor is involved. But if you can reach an agreement in writing and have the judge approve a stipulation it is cheaper and better for all involved.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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