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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I also just went through a custody trial. The father is allowed

Resolved Question:

I also just went through a custody trial. The father is allowed visits once a month on sat and sunday,wiith me at every visit supervising,and if we deviate it must be in writing agreed upon by both parties.
Father wrote and said he will be coming on sunday and monday for visits next week.
Although I dont have a current reason to state I cannot do visits on monday, I am hesitant to deviate as if I give him an inch, he'll want a mile and in the fall during school etc , he will demand it using this circumstance when i did allow it.
Should I bend to show reasonableness or stick to the letter of the law so that he isnt always asking for something different?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Thank you for your question. You have the right to refuse the deviation from the court ordered plan. You should also remember, that a single act of agreeing in writing to deviate from the plan on a specific occassion is not the basis for the father to insist on modifying the plan.

In other words, if you agree to this deviation, it does not set a precedent that he can later insist on as a permanent modification.

In order to make sure this is the case, you need to specifically state in the written agreement that the deviation from the plan is only for the specified period and does not constitute a waiver of the visitation schedule in the court's order, nor does it constitute an agreement to permanently modify the schedule.

If you think that he will be consistently requesting deviations from the plan and this is something that you want to avoid in the future, then perhaps it is a good idea to force him to stick to the plan. He needs to adjust his own schedule to meet the demands of the plan, and doesn't have the right to force you to modify your schedule.

A person in your shoes should say no to set the precedent.

I hope this helps.

-Zachary D. Norris
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