Modification of Visitation

[reno1699]

My divorce was unexpected. I didn't see it coming. I was in such a state of shock I agreed to a very unfair visitation schedule. I have visitation every other weekend from 4:00 pm Friday to 4:00 pm Sunday. The only other time I have them is 1 week during Christmas. The really bad thing I agreed to was let the Mother take the children to church on Sundays even on my weekends. This wasn't a problem when we were still living in the same city but I have since moved and now live over an hour away. It is no longer feasible for me to take the children home on sunday morning and then drag them back to my house after church and then turn right around and bring them back home. I want to totally modify the visitation so I have them from 4 on Friday to 4 on Sunday without having to take them home for church. I am not against them going to church I have even offered to take them to a church in my area but my ex wants them to go to her church, period. Do I stand a chance in this situation. Also, if I have a live-in girlfriend that I have a child with, will that hurt me in seeking to modify the visitation. We live in Alabama. Thanks.

 

[ktarra617]

is it in the court papers that you agreed to bring the kids back to her for church? If not then no action is required. If the papers state only that you have the children eow from 4 on Friday till 4 on Sunday then you are under no obligation to take them back to her so that they can attend her church. If however the agreement is in the decree then you do have to go back to court. While your there ask for a more equitable visitation schedule. Eow also rotating holidays and periods of extended time in the summer. The fact of a live girlfriend will not hurt your chances of modifying visitation.

The kicker is whether or not this agreement about church is verbal or on paper?

Good luck.

 

[reno1699]

Further information

It is in the divorce decree that I have to make the children available to the mother for church on Sundays. Knowing my ex when I take her to court over this she is going to seek to have my child support payments increased, which I do not have a problem with, my question is if she does this will my support of a new child be taken into consideration when determining the support amount?

 

[ktarra617]

Yes it is likely that your child living with you will be taken into account when they figure the new child support amount. However the only way her support can go up is if there has been a significant change in your income. If there has not been and you are making relatively the same as you were when the order was originally done then it is possible your support may not go up.

Do yourself a favor though and seek a more equitable visitation schedule. More time with your children is best for all around.

Good luck to you and keep us posted.

 

[buka]

You shouldn't have to worry about your ex using this as an opportunity to raise child support. Visitation and support are entirely separate issues and usually require separate hearings. Good luck. It sounds like you have a good case for getting more visitation.

 

[reno1699]

New Information

Thanks so much for the information. I really appreciate it. I have retained a lawyer. He is going to send her a letter outlining what I would like to change about the visitation to see if we can get anything accomplished without having to have a court battle. He said if we can agree (unlikely) I will just have to pay the filing fee for the modification to visitation. The reason I think it is unlikely is because I am going to ask for a total revamp, eow not bringing them back for church, alternating holidays, 4 weeks during summer, every other spring break, one week during christmas and so on. Hopefully we can get this worked out. Again, thanks for your help.

 

[ktarra617]

good luck to you and I think you stand a pretty good chance. What your asking for is the standard visitation under most state law as to what you are supposed to get. It will be hard for her to fight this and say that its not in the best interests of the children to spend time with their father.

just a thought you might need to make good on your offer to take them to a church in your area.

Good luck.