When a married couple gets divorced, it is usually the case that one spouse will receive primary custody of the children. In most cases, the other spouse is given visitation rights that provide him or her with time to visit the couple's children. This schedule is usually set by the same court that authorized the divorce.
In some cases, parents may find that their circumstances change and that they need to modify the times when they are allowed to see their children. For the non-custodial parent, there are two options.
The first option is working out an unofficial agreement with the custodial parent. While this has the advantage of avoiding court fees and hassle, it is important to note that these unofficial agreements are not enforceable should the custodial parent change his or her mind about the agreement.
The second option is petitioning the court that set the schedule. In these cases, individuals will need experienced family law lawyers to fight on their behalves. To get a visitation schedule modified legally, the petitioning parent will have to prove that there is a substantial change in circumstances.
What the court accepts as a change in circumstances will usually depend on the specific court. In most cases though, issues such as moving away are more likely to yield a modification than smaller issues like a change in a work schedule.
There is no guarantee that a visitation schedule will be modified, but hiring an experienced lawyer to handle the case can certainly increase the chances. Since individuals have to go to court for legal changes, it is important to have an individual well versed in family law on your side.
No comments:
Post a Comment