A visitation schedule is initially determined when a decree of divorce or a visitation order is agreed to by the parties or ordered by the court. In order to prevail on a “Motion to Modify Visitation,” you must prove that a material change in circumstances has occurred since the entry of the decree of divorce or last visitation order. Often, changes occur that result in one parent needing to modify his or her visitation schedule with the child. For example, a parent may obtain new employment that no longer makes the previous visitation schedule possible. Even if you and your ex-spouse, or partner, agree to modify the visitation schedule, you need to properly petition the court to modify the schedule so that the modified visitation schedule is legally enforceable.
Unfortunately, parental misconduct can occur. When parental misconduct occurs, it may be prudent for a parent to petition the court to limit the other parent’s visitation. A “Motion to Modify Visitation” may request that visitation be limited to a couple of hours; occur only during the day (no overnight visitations); or that a supervisor is present during the visitation. Often limited, or supervised, visitation is sought when a parent continues to place a child at risk during his or her visits.
Contact M.W. Law, PLLC today to schedule a consultation to discuss visitation and the legal options available to you.