When the Present Visitation Schedule is Simply Not Working
This guide discusses what you must prove in Mississippi in order to modify the present visitation schedule.
Who has the Burden of Proof?The burden on proving what is necessary in order to obtain a modification of your present visitation schedule is on the party seeking to change the visitation schedule.
What do you have to prove?In order to get the Court to grant a modification of the visitation schedule, you simply must prove that the present visitation schedule is not working and that a modification of the visitation schedule is in the best interest of the child(ren).
What would likely be sufficient to show that the present visitation schedule is not working?
(1) A change in the employment of the parent which conflicts with the present visitation schedule would likely be sufficient if it prevents the parent and child from being able to have meaningful and regular visitation.
(2) One party's moving away from the other for a distance that makes regular visitation impractical or impossible would likely be sufficient if it prevents the parent and child from being able to have regular, meaningful visitation, or if it creates an unusual burden or challenge on the parent and child, or if it causes a disruption in the child's school and/or other activities the child is involved in, or if the exercise of the visitation creates a problem with the party's employment.
(3) Any other event or change that makes the modification of visitation better for the non-custodial parent and child.