modify visitation

[frustratedbr]

What is the name of your state?California
I would like to modify visitation to every other weekend and a dinner visitation during week. Right now court orders state ex has my child overnight during the week. The orders were put in place when child was 2. Nw my child is starting school and I do not want child staying over at ex house during week (very unlikely child would get to school on time) Is this enough to modify visitation? I don't want to take time away from Dad, Child time, Just no overnights during week. What are your thoughts?

 

[stealth2]

How do you know the kid would be late for school?

 

[frustratedbr]

Child's daycare is twenty minutes from ex home. School would be same distance. Court order states ex is to drop child off at daycare at 8am on overnight days. Ex is consistently late. Not by 5-10 minutes but by 1 or 2 hours. Child in preschool was consistently late when ex dropped child off. It is a pattern. CHild is always extremely tired when coming back from overnights. It seems to me it would be in my child's best interest to have a stable pattern during the week while my child has school.

 

[stealth2]

Yabbut - it's daycare. The kid misses nothing by missing a few hours of daycare. I'd bet that a judge wouldn't find this compelling.

 

[frustratedbr]

Child in preschool was consistently late when ex dropped child off. It is a pattern. CHild is always extremely tired when coming back from overnights.

This was a pattern in preschool, so I put my child in kindergarten in the pm so ex can get him there on time.Still frequently late I will not be able to do that once my child starts full time school. State law says child does not have to go to kindergarten. Law requires child to start school at 1st grade. I figured now that my child will be starting 1st grade soon that the judge would deem this an appropriate change of circumstance. Is there no hope to be able to modify this?

 

[stealth2]

It's impossible to tell. But when attendence isn't mandatory, the kid being late is sort of moot. Have you talked to the ex about it?

 

[frustratedbr]

Several times to no avail. Goes in one ear out the other. It seems when I notice that my child is late consistently and mention something. He makes the child late even more often. Ex constantly complains about having to drop child off or pick him up. I offer to pick child up the night before so ex doesn't have to make the drive, but he says no cause he doesn't want child support raised. I have no intention of raising child support. I would give up the child support if he was willing to give up the overnights during week. Of course he doesn't believe me. So we are stuck.

 

[rmet4nzkx]

How about instead of every other weekend and a dinner, change it to 3 weekends a month that gives him the same time without interruping the school days.