Question:
The father has custody rights to his daughter 3 nights a week, with 1 being a school night every other week. The ex has asked the father to relinquish week day visits because the daughter is entering kindergarten. The father said no, and now the mother is saying she wants to go to court. Will the judge take away my visitation rights because my daughter is entering kindergarten?
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Answer:
As an experienced Saratoga Family Law Attorney, I know that the burden with be on your ex to Petition the Family Court and allege that there has been a significant change in circumstances which necessitates modification of your existing custodial schedule. While something such as a child starting school can be considered a “change in circumstances” for this purpose, that does not necessarily mean that the court will take away your mid-week parenting time. From experience, I can tell you that many noncustodial parents exercise weekday parenting time without issue, and court often order and allow weekday parenting time to noncustodial parents.
Issues tend to arise with weeknight parenting time when parents live far away from each other, when one parent has difficulty getting the child to school, the child is regularly tardy, absent, or unprepared for school coming from the care of one parent, or there are other significant issues with one parent’s home. In those instances, a court may be more inclined to limit weeknight parenting time during the school year. That does not seem to be the case for you base on the fact pattern that you outlined here.
I suggest that you consult with an experienced local attorney. If you do not wish to change the current Order, wait for your ex to file her petition first. An attorney can walk you through this process, assess the specific facts which are relevant to your case, and defend against any proposed modification which would unnecessarily limit your weeknight parenting time when your child starts kindergarten.
Do you have questions about modifications to child custody arrangements? If so, contact the experienced Saratoga Family Law Attorney Jean Mahserjian.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Family Law Attorney. This does not consent an attorney client relationship.
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