I had a dissolution 5 years ago, the child visitation schedule is not working out for the residential parent or me. I am wanting to figure out specifically what I should attempt to change before communicating with the residential parent. Is it beneficial to request specific changes to our current plan, or if there is another county with guidelines that I believe would work better for both parties would that be a possible solution? Not sure if the judge would be bothered by the request of another counties standard visitation guidelines. For example: The county the dissolution took place requires me to give the residential parent any clothing, etc that I purchase for the children. I would like to keep these belongings at my house in the child's bedroom to be worn while they visit with me.
Divorce / Separation Lawyer
You do not have to use court guidelines to come up with a new parenting schedule, terms or plan. If you think that the two of you can come to a agreeable solution, then you can propose that solution to the other parent. If you do not think you can reach an agreement, then I would speak with an attorney before discussing anything with the other parent.
All of Ms. Lawrence's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Lawrence is licensed to practice law in Ohio. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
1 found this helpful
3 lawyers agree
Family Law Attorney
You do not have to make requests along the guidelines of any county or state. I always advise my clients that if you can sit down and work out a schedule that works for both of you, you will always be much happier than letting the court pick it for you.
The court does not know you or your children, so its always best to determine your own schedule.
This answer is not meant to be legal advice from its provider. It does not create a client/attorney relationship and any action taken based on this answer is at your own risk.
3 lawyers agree
Divorce / Separation Lawyer
Court guidelines are simply proposals to serve as examples for more specific orders of companionship that benefit parties in a specific case. Switching guidelines from one county to another is not a way to convince a judge that there is some greater credibility to someone else's guidelines. If anything, you should propose your own specific order which best meets the needs of your child. Think about your work schedule, the work schedule the other parent, the schedule the child, and their specific needs. Write them out on the calendar and you will be able to put together a more detailed schedule which benefits all parties. Some schedules are regular. Some schedules are irregular. But they need to be custom designed for the needs of your family, and some schedules are very irregular. It depends on what you need to best meet the needs of your child. Be a little creative, think outside of the box, and Good Luck.
The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. This Office does not provide free legal advice by telephone. A 15 Minute Consultation can be obtained at no cost for certain types of legal cases, but to obtain same, an Office appointment is required. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided on line in response to the limited information is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.
2 lawyers agree
Family Law Attorney
If the two of you can agree on some other arrangement, you don't even have to go to the court if you don't want to. As I always tell my clients, there are no "parenting police" who are going to check and see if you're doing what your order says. If you can't agree, you'll have to involve the Court. Good luck.
I hope that this information is helpful to you. If so, please mark it as "helpful" or "best answer." The information provided here is general in nature and is not to be considered legal advice. No attorney-client relationship is intended nor created. As an Ohio attorney not licensed in any other jurisdiction, any information provided here is solely based on Ohio law and general legal principles. The information provided here should not be put into practice without specifically consulting an attorney in your jurisdiction. Do not proceed without first discussing this matter with your own local attorney.