What is the Process for Modification of Visitation

My question involves a child custody case from the State of: Tx

My son is 5. I travel weekly for work and my schedule changes weekly, although I am off work 13-17 days a month. Our visitation is nonstandard as where I am to give my ex my schedule by the 15th of the previous month and at that time I am to designate two full days a week to have my son. Because of a merger, I receive my schedule the last few days of the month now. It has been this way a while with no problems and I have had him most days I am home. Up to this month me/my family have averaged 18/20 days/nights a month with my son (I have the last 5 months documented). She now says because I haven't given my notice I am forfeiting my days BUT she continues to use my family when I am out of town and I allow it because I'm trying to do what's best for my son. What is the process to fix this?

I know I'm I'm going to be told to contact a lawyer in my hometown and I will probably do that but I am just doing some research and trying to get ideas on a possible compromised agreement. I try to keep my costs down because spending 20k on a divorce has left a bad taste in my mouth. I have been successful in the past filing a simple Request for Admissions and Motion for Enforcement.

Thanks.

Being in texas were you ordered to bring issues to mediator before hitting the courts?

I don't know what you expect however, what are you wanting to happen? For your ex NOT to use your family for childcare? for you to be allowed visit time with your child with virtually no notice?
It's really hard to set in place a visitation when you don't have a regular schedule.
Have you spoken to your employer about the issue and the lateness of the schedule? I hate asking for "favoritism" at work, but I was being asked to travel quite a lot at my previous job and it made it hard on me with the kids - so I was (and am) pretty adament about minimizing time away from kids and utilizing my kid-free time for work. I find most employers are pretty forgiving if you explain custody issues (since so many of us have btdt) and let them know you need to set the schedule earlier as it was before, or try and make it more regular.

Thanks for judging the situation and not in any way answering my question. Is this a legal forum or a forum where peoples actions are judged?

Who said anything about virtually no notice? I am simply wanting some relief as far as when I have to notify her of the days I want to see my son (schedules come out on the 25th If she already has plans with him it has never been a problem and I never demand that time with my son.

As far as not wanting her to use my family for child care I have no problems with it but when they start to have him more than she does it is obvious that someone is getting taken advantage of. Not that it matters but since you're concerned about the non legal part of my question I pay 1000 dollars a month mandated child support and for the last six months I have paid $715 additional a month to allow him to stay in the Montessori School that he has been in since three years old because she was "tired" of paying that much.

As for talking to my work, I am a pilot that bids for my schedule so that's simply when the schedules come out. Do you think they are going to change the way they do it for 7500 pilots just for me? Not to mention change their online process for making their schedules available to the public?

Again, thanks for not answering my question.

Quote:

---

Quoting Joetex

---

Thanks for judging the situation and not in any way answering my question. Is this a legal forum or a forum where peoples actions are judged?

Who said anything about virtually no notice? I am simply wanting some relief as far as when I have to notify her of the days I want to see my son (schedules come out on the 25th If she already has plans with him it has never been a problem and I never demand that time with my son.

As far as not wanting her to use my family for child care I have no problems with it but when they start to have him more than she does it is obvious that someone is getting taken advantage of. Not that it matters but since you're concerned about the non legal part of my question I pay 1000 dollars a month mandated child support and for the last six months I have paid $715 additional a month to allow him to stay in the Montessori School that he has been in since three years old because she was "tired" of paying that much.

As for talking to my work, I am a pilot that bids for my schedule so that's simply when the schedules come out. Do you think they are going to change the way they do it for 7500 pilots just for me? Not to mention change their online process for making their schedules available to the public?

Again, thanks for not answering my question.

---

I wasn't judging. I was asking, you implied tone. You mentioned end of the month schedules and your family watching the kid a lot and asked "how can I change this?"
Realistically less than a week is pretty short notice to build a schedule upon, but I imagine it's difficult for all parties involved. I never suggested you were not paying child support however *headscratch*

I understand your position at work, but if they WERE putting out schedules earlier in the month i'm curious as to why the change is all. I was just wondering if you had mentioned your issues to your employer. I wasn't suggesting you were an evil person. sheesh.

Your current orders state you are to give your schedule 15 days in advance. You can possibly get that changed but it's going to be pretty difficult to gain much headway there to be honest. The courts want you to have your visitation, but it's really hard to order something unknown and force your ex to adhere to an order that is so vague. Much like it is now. You can try, and it certainly doesn't hurt to try - but I think it might be hard to get the court to order something LESS specific and with less notice unfortunately.

You are in a tough position. I don't envy you that because i've had to work with a similar work demand and my ex was beyond unreasonable.

As to your family, they CAN say no.
I don't know what your actual schedule looks like of course but I assume it's not 2 weeks on, 2 weeks off from what you've stated. You might be able to get an order for your family to watch him a set # and frequency in days and then you just take your visitation during those periods if/when you are off. Your ex would have to agree however, because I think the court would hesitate to rubber stamp that one. You can argue the # of days your family is caring for the child and it might help your case.

If the order requires you to give notice by a certain day, and you are now realizing that you can't always do that, you should perhaps seek to modify the order to give notice on a day you KNOW for sure you can give notice by.