I don’t know what’s been going on for the past 10 years but that is an amazing amount of time to wait for unmonitored visitation. It sounds as if you may need a little more legal horsepower on your side of the ring. Child visitation and custody is always modifiable so there is no one set plan; you really have to determine what is in the best interests of the child. If the child is used to being cared for by Dad a good starting point might be every other weekend and an early dinner date on Wednesday. You pick up the child after school on Friday, have a stay overnight and I imagine you return child to Dad at 5 or 6 p.m. Do you participate with child activities? You also need to alternate major holidays and design a plan how you will split the holidays up between you and Dad. Phone calls are a good idea. In regard to vacation plans you need to specify the mount of time you will have the child for vacation during the summer over and above splitting other vacation times during the school year. With these circumstances a normal allocation would be for each of you to have 2 weeks and one must notify the other of their intention to when they are going to take vacation time 60 days previous of the exercise of this right in writing. I hope this is helpful.
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If you are seeking an increase in custodial time and have the facts to support a request for such a modification, the Court will most likely look at the status quo custodial order/plan as a starting point and deviate gradually from there to ease the transition for the child. However, given the amount of history and litigation in this case, I would recommend speaking with a local attorney to review the specific facts and history of custodial orders to put together a request for modification with you.
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