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stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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Like what? heres the original query: family law--I have joint

Customer Question

Like what? here's the original query: family law--I have joint physical and legal custody of my daughter who, until recently, spent 50% of her time with me. She isn't doing that now (she's 16). I understand that the courts would take her desires into account, but doesn't my ex need to seek a modification of the existing custody agreement before arbitrarily deciding not to enforce it? I really miss my daughter, and I'm also wondering if there aren't minimum requirements for her to visit me should the current arrangement be modified, e.g., every other weekend and every other Thursday. What can I do?
Submitted: 3 years ago.
Category: Family Law
Expert:  stevexo replied 3 years ago.
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Great question, First of all, legally the courts are not going to let your daughter make the decision who and when to visit with, nor are they going to permit her to unilaterally change the visitation schedule. Yes, your ex does need to seek a modification if he desires to keep her more often. This is not a decision they can make on there own,to just disregard the court order, until, and if at some time he files for a modification and gets one. Her desires would be considered by the court at her age, but they are not what determines the outcome. You should tell him that until and if he gets a modification, the schedule now in place will control, and for him to violate this does subject him to contempt proceedings. If it would get modified, or you consent to it, I am sure you would always get at a minimum at least every other weekend, and a night during the week if desired, plus vacations split, and summer vacation mostly with you. Hope this helped, Steve
Expert:  stevexo replied 3 years ago.
Dear Customer, I see that you have viewed my answer, yet have not given it a rating. Thus I assume you must have a question, or need me to expound on something I stated in my answer. Please let me, know as I do not receive any credit for my answer until you rate it. Sincerely, Steve

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