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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28796
Experience:  Attorney with experience in family law.
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My divorce decree states that we would carry out the then

Customer Question

My divorce decree states that we would carry out the then (6years ago)current visitation schedule but that if it is no longer agreed upon then a different schedule (then described) wound be in effect. .. I ant to know how it to legally change to the alternate schedule
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else the Family Lawyer should be aware of?
Customer: We have joint physical and joint legal custody. He recently moved. It's not far but it is outside of their school district so he makes them get off the bus at a friend's house until he or his girlfriend can pick them up.Also, he has been making up his own pick up or drop off time each week.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 10 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. If the language of the divorce decree says the visitation schedule is only used as long as you both agree, you have the ability to simply tell the other parent that you no longer agree with the schedule and, per the language in the decree, you will be using the second schedule going forward. That forces him to go back to court if he wants to continue using the original schedule - but even the fact that you're in court over whether or not you agree tends to support the idea that you don't. The other option is to file a Motion to Modify, asking the judge to explicitly find that, due to a material change in circumstances, the original parenting schedule will no longer be used and the second schedule will go into effect. One of the benefits of asking to modify is that you could ask for a completely new schedule if that would work better for your daughter. The judge could order a safer or more convenient arrangement for school pick-ups. And you don't risk the father filing contempt charges against you. But it might not be necessary if the original court order lets you change to the alternate schedule and you're OK with that schedule. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Expert:  Lucy, Esq. replied 10 months ago.
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