How easy is it for a parent to request more child visitation after settlement?

[Biscuits&Gravy]

What is the name of your state (only U.S. law)? CA

If a former ex and wife just settled on all assets, and parent agreement plan, how easy is it for one of the parents to go back to court and request additional visitation time?

 

[justalayman]

not a problem at all but how soon is more the question. What is the basis for the request is the next hurdle to overcome.

 

[Biscuits&Gravy]

And to add to the original post. Let's say the mother has 85% and the father 15%. But the father now wants 50% because he wishes to see the kids more often. Wouldn't it be strange for the father to request half after settlement oppose to while the case was still open?

 

[justalayman]

Wouldn't it be strange for the father to request half after settlement oppose to while the case was still open?

sure it would be strange since he just agreed to the 15%.

Unless there is a material change of circumstances, it is what it is for a couple years unless both parties agree to the change.

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

If a former ex and wife just settled on all assets, and parent agreement plan, how easy is it for one of the parents to go back to court and request additional visitation time?

I am going to give a little clearer answer.

At this point in time, it would be nearly impossible to get a judge to order something different than what the parents have agreed upon. There would need to be a substantial change in circumstance for it to be considered so closely after the judge signing off on an agreement. Some time down the road it would be far more likely to be possible than it would be right now.

 

[ecmst12]

Also a change to 50-50 would require a change in circumstance, no matter when it was asked for. If he just wanted a few extra days, that might not require as much of a change.

 

[Ohiogal]

I am going to give a little clearer answer.

At this point in time, it would be nearly impossible to get a judge to order something different than what the parents have agreed upon. There would need to be a substantial change in circumstance for it to be considered so closely after the judge signing off on an agreement. Some time down the road it would be far more likely to be possible than it would be right now.

The bolded is incorrect. This is a change in TIME and NOT custody. Hence a change in circumstance would be necessary (but not substantial) and then the best interests of the children would have to be for more time. So your clearer answer was incorrect.

 

[sandyclaus]

How much do you want to bet that Dad's sudden desire for 50-50 custody has less to do with seeing the kids and everything to do with reducing the child support obligation associated with his 15% custody agreement?

Of course, Dad changing his mind here doesn't constitute a change of circumstances necessary to modify what he already agreed to.

 

[LdiJ]

The bolded is incorrect. This is a change in TIME and NOT custody. Hence a change in circumstance would be necessary (but not substantial) and then the best interests of the children would have to be for more time. So your clearer answer was incorrect.

Normally I would agree. However, as the OP stated, they JUST finalized an agreement in court. Therefore a bit more than just a "change in circumstance" would be necessary...and its not a change in time, its a change in custody.

 

[Ohiogal]

Normally I would agree. However, as the OP stated, they JUST finalized an agreement in court. Therefore a bit more than just a "change in circumstance" would be necessary...and its not a change in time, its a change in custody.

It is a change in visitation time. NOT custody per OP but TIME. And a change in circumstance is all that is necessary before it goes to best interests analysis. Please back up what you are saying with caselaw or statute that says that because you say so it requires a substantial change in circumstance rather than just a change -- which normally it would require.

 

[LdiJ]

It is a change in visitation time. NOT custody per OP but TIME. And a change in circumstance is all that is necessary before it goes to best interests analysis. Please back up what you are saying with caselaw or statute that says that because you say so it requires a substantial change in circumstance rather than just a change -- which normally it would require.

Nah...not necessary. Everybody else has already acknowledged that trying to make a change so shortly after an agreement is finalized in court is a problem. If you want to confuse the OP with semantics you are free to do so.

 

[Ohiogal]

Nah...not necessary. Everybody else has already acknowledged that trying to make a change so shortly after an agreement is finalized in court is a problem. If you want to confuse the OP with semantics you are free to do so.

Semantics? "Substantial change in circumstance" is a legal term. So is "change in circumstance" -- they mean two different things. No where did I state that after a very short time will it be easy for the OP to change time. I was correcting your misuse of LEGAL terms. And this is a legal board. Even with a change, there is the whole best interests issue with which to contend.

 

[CourtClerk]

FYI...

The California Bench guide does not say there has to be a SUBSTANTIAL change in circumstances, nor does it mention that there has to be a time frame that's passed. Dad could have had a job that required him to travel the world and then the company changed it to where he's home 100% of the time. He could go back immediately

 

[justalayman]

FYI...

The California Bench guide does not say there has to be a SUBSTANTIAL change in circumstances, nor does it mention that there has to be a time frame that's passed. Dad could have had a job that required him to travel the world and then the company changed it to where he's home 100% of the time. He could go back immediately

but wouldn't that, by definition, be a substantial change?

 

[ecmst12]

It wouldn't be a change in the childrens' lives, which is normally required to change custody (but not parenting time).