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?

Asked almost 2 years ago - Cape Coral, FL

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

Attorney answers (4)

  1. Gregory Thomas Buckley

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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.

  2. Michael Ferrin

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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

  3. Joseph Peyton Lea III

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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.

  4. Stephen Ross Cohen

    Contributor Level 20

    Answered . 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... more

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