My Ex Has Changed His Mind About Our Custody Agreement, Which Has Been Working Well, Will a Judge Change the Schedule?

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“I have a 2 1/2 year old son that has visitation with his father every Tuesday, Thursday, and every other weekend. This schedule is a verbal agreement that we have had for the last year and a half. His father now wants week on week off visitation. I have told him that I don’t think that it is good for our son to go so long without seeing one or the other parent but he is filing court papers to have a judge decide. What are my options? What is the likelihood that a judge will change the visitation schedule?”

[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.]

Without knowing  quite a bit more (where you are located, if there are any other issues or considerations) it is impossible to say, but the general rule of thumb is that courts are generally unwilling to disturb the status quo, particularly if it has been working.  This means that (again, generally speaking), your ex would need to demonstrate why the current arrangement is not in your son’s best interest, and why the week-on week-off would be better.

That said, you should definitely consult with a family law attorney in your area and, if possible, have them work something out with your ex outside of court, which is almost always better for everybody.

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Author: House Attorney

A house attorney has answered this question.