Modify Visitation Schedule

by Karen from Florida

Modify Visitation Schedule: My ex has our children ages 15, 12, and 4 on Tuesdays and every other weekend but even on his weekends he worked Saturdays. He has a full time job and he works at his own place of practice and on weekday evenings. He recently moved into his own place with more room and now he wants the kids one week on and one week off.



The problem is that he works until 9pm every night and all day on Saturdays. I work from 8 to 5. I think until his schedule changes he should not get them for a whole week. It is disruptive and why should my kids be with a babysitter when I am home. Do I have a right to contest this?

Answer to Florida Child Visitation Question

Dear Karen,

Of course you have the right to contest any proposed visitation schedule.

These are your children as well as his.

Having said that, it is important to keep in mind that any schedule you agree to should always be in the "best interests" of the children.

I'm not sure from your question if your ex has already petitioned the court for a modified parenting plan and you are asking if you can contest it.

If you are, then your were probably served with a Supplemental Petition to Modify. If so, you will need to fill out an Answer to Supplemental Petition and file it with the court within 20 days.

Be sure to list all of your concerns and why you think the proposed changes would not be in your children's best interest. The reasons you state here seem reasonable to me, but in the end, the judge's determination is the only opinion that counts. If you haven't been served, because your ex did not file a Supplemental Petition, then the existing visitation schedule order is still in effect.

My suggestion is that you two try to work out a visitation schedule that is agreeable to both of you and then fill out a Parenting Plan with the new schedule and file it with the court.

Child support may not have to be modified if the number of overnights does not change by too much. If it does, then you will need to file a Supplemental Petition to Modify (see below), Form 12.905(a) in order to make these child visitation changes and any changes to child support.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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