How to Change a Visitation Schedule

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“My husband was granted 50/50 custody of my 3 children based on the mediation report. The children were ordered to attend the school in which my husband lives in. I have to drive 100 miles a day to take them to school. My children have expressed to their father that they would like to live with me more and attend the schools where I live, but he refuses. He continuously leaves the kids with me on his days, so he can visit his girlfriend who lives 300 miles away and when he does have he kids he is on call at work or on the phone to his girlfriend. My kids are being neglected. I have been documenting every instance and would like to know if the courts will grant me an order to show cause, so I can revisit the child visitation.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You can file it. It will be up to the judge to determine whether this is enough to change the visitation schedule. You will be much better off with specific allegations (on this date he did this) rather than general allegations (he continuously does this). The second is obviously a LIE. There will be at least one exception, which makes your statement untrue. If there are any untruths on your paperwork, the Court will give you low regard.

You should not write your own paperwork. Though you are at your right to prepare and file your own documents in most family courts, once it is filed, it is there forever. If you have made such exaggerations in the past, consider holding off filing until you have a year or more of new stuff to present to the judge. Keep your own nose clean (i.e. follow EVERY order, all the time even if you do not like to) and give your ex enough rope. Given the background, he’ll eventually hang himself.



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Author: House Attorney

A house attorney has answered this question.

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