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


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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?”

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.