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What is a standard visitation schedule for out-of-state parents with school aged children?

Albuquerque, NM |

Currently, I get my son 7 of 11 weeks of summer. Every other Thanksgiving. The second week of Christmas Break (never Christmas..) and every Spring break. I've been told that I should have him 9 out of 11 weeks, and every other Christmas.
My sons mother says I should only have him 6 out of 11 weeks.

Our schedule was not written by a judge. It was written ourselves and then signed by a judge. My son's mother wants to modify the order to be only 6 weeks of 11. I am wondering what I should ask for... based on what the Judge will order?

Attorney Answers 1


If the parenting plan states you get your child for 7 weeks, then you are entitled to custody of your child for that time at minimum. Because both you and your child's mother negotiated the parenting plan, and it was approved by the Court, a judge will use that agreement for a basis of any ruling he makes. In order to modify the parenting plan, your child's mother will have to show a substantial change in circumstances in order to justify changing the order. If your child's mother is attempting to modify the court approved parenting plan, then I recommend you hire an attorney to protect your rights. It may be that your attorney could argue for additional time with your child, but I recommend you consult with an attorney in the county which the parenting plan is based out of.

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