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Attorney & Mediator
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Experience:  Attorney & Certified Mediator
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I currently have primary physical placement with joint ...

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I currently have primary physical placement with joint legal custody and our 15 yr old son wants the visitation schedule changed. How do I prove to the court there has been a substantial change in circumstances. Currently the visitatiion schedule is like this the father gets 3 wks at the beginning of summer vacation then I get 1 wk then he gets 3 wks then I get 1 wk then he gets 3 wks then I will get him the week before school begins again. Our son does not want to share that much time with his father over the summer and he wants to work where we live. His father is 213 miles one way from where we live. Do you have any suggestions for us? Thank You
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Can you tell me how long have you had the current parenting arrangement in place?

How many weeks does the son want removed and can those days be replaced in another arrangment?

Customer: replied 6 years ago.
The current order has been in place since January 14, 2005. Our son would like the summer placement just the opposite. He would go to his dads for 1wk after school gets out then back to me 3wks on a rotation over the summer. The father would have a total of 3wks and I would have the nine wks. His father also gets him every other week end plus we alternate Spring vacation every year, His father has him every year for Thanksgiving as well. Which our son would like that changed so it would alternate. We share the Christmas vacation every year one year a parent has the first half of the vacation time and the other parent has the second half. It rotates like that every year!
Expert:  Attorney & Mediator replied 6 years ago.
So from what you have posted the father would not get a reduction in time with his son is that correct? Since you state it would only be an opposite placement?

Customer: replied 6 years ago.
Yes his father would loose 6 wks of placement over the summer. Because he currently gets a total of 9wks placement over the summer I only have a total of 3 wks over the Summer.
Expert:  Attorney & Mediator replied 6 years ago.
Oh I see it now.

Unfortunately you need good cause to have this change, I don't see this happening just because your son wants to work. The judge would need to see how the current schedule is an impairment to the child's best interests. Typically a significant change in circumstances is based on issues of relocation, moving out of state, or where the other parent is no longer fit to parent his child. This does not appear the case here. So unless you can get the father to stipulate to the change you will not have a succesful way of getting this changed. If you can find an alternative schedule were the father does not lose his six weeks, then the father would be more willing to work this out.

You may want to negotiate a reduction in child support in exchange for getting this change. It would be easier to submit stipulations than it would be to have the judge decide this.


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Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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