How to Change Visitation in a Divorce
As if divorce isn't stressful enough all by itself, adding children and visitation issues into the mix makes things even more difficult. Changing visitation during divorce can be a challenge, especially if your spouse tries to use the children against you. To avoid additional legal problems and head off further complications during your divorce, it is best to proceed carefully toward the changes you want.
- Difficulty:
- Moderate
Instructions
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Make Visitation Changes When There’s No Custody Order
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1
Discuss your wishes with your spouse. In the absence of a custody/visitation order, you both have equal rights to your child or children. As such, you should try to come to an agreement before involving lawyers, as attorney negotiations sometimes inflame bad feelings and make agreeing harder.
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2
Get your visitation changes in writing. This way, it will be harder for your spouse to pretend ignorance in the event that you do end up in court.
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3
File your stipulated agreement with the court. This will provide you with the protection of a court order while you continue to negotiate your divorce.
Make Changes to a Pre-Divorce Custody Order
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1
Have a good reason for wanting a change in visitation. The court is unlikely to make a change just to suit your whims or make life easier for you. Good reasons may include mandatory changes in your work schedule or a relocation closer to the child.
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2
Talk to your spouse before you try to change visitation through the court system. You may be able to reach an agreement and file it with the court.
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3
Get a lawyer. Though you could file to change visitation without one, many divorce experts agree that having legal counsel makes the process easier. Additionally, your lawyer can act as a buffer between you and your spouse if your divorce is bitter.
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4
Learn the custody-modification procedure for your particular family/divorce court. Though some of the same modification rules apply throughout the United States, your local court may have some unique requirements. You can find a link to your state's family court at NCSC (See Resources for link).
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5
Plan to petition the court for a change in visitation several months before you’d like the changes to take effect. Changing visitation is often a long, drawn-out process, so you don’t want to wait until the week before Christmas (for example) to seek changes to your holiday visitation schedule.
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6
File a custody/visitation modification form. Many family courts provide forms that you can just complete and file with the court. If you have a lawyer, she will probably type up a Change of Visitation petition for you to sign, and then she will submit it for you.
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7
Pay the required fee. The court will typically require a fee to process your request for visitation modification. The fee is different in each state.
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8
Show up on time to present your case in court or to help your lawyer do so.
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9
Speak your case clearly and without an emotional display.
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10
Answer questions honestly, even if you think doing so will hurt your case. Getting caught in a lie will definitely hurt your chances of winning.
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1
Tips & Warnings
Though you can negotiate visitation without pursuing a court order, it is unwise to do so. Your spouse could change his mind at any moment, and you would have no immediate legal recourse.
