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Can a Parent Force Renegotiation of a Custody Agreement

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  • 04-20-2015, 08:35 PM
    ExpertLogAccount
    Can a Parent Force Renegotiation of a Custody Agreement
    My question involves a marriage in the state of: Virginia

    My child is now 4 years old and I have primary custody of her. The father serves in the military and has visitation rights. We signed a Separation and Property Settlement Agreement 4 years ago.

    The agreement says "The Husband shall have visitation for one full week every three months from x to y. ... Wife understands that Husband is on active duty in the military and will make every reasonable effort to accomodate Husband's Temporary Duty, etc."
    Also, that he has 30 days to notify of everything.

    He lately has been pushing for two weeks or more of visitation so he can plan more activities. I have been allowing him a few more days, but not the full two weeks. Also, he has not been letting me know his plans before 30 days.

    It is clear after these four years that he is becoming frustrated of the conditions. However, I am fearful that he will try to fight me in court to renegotiate the agreement so that he can have the time he wants and have more leeway. Is he able to do this?

    Thank you.
  • 04-20-2015, 08:55 PM
    Dogmatique
    Re: Divorce - Child Visitation - Can the Other Party Force a Renegotiation
    He can revisit the custody arrangement, yes. There seems to be no reason why he shouldn't have more parenting time. What's the problem exactly?
  • 04-21-2015, 12:47 AM
    T53147
    Re: Divorce - Child Visitation - Can the Other Party Force a Renegotiation
    If your roles were reversed, would you be happy? You should be willing to give him what you would expect.
  • 04-21-2015, 09:04 AM
    Mr. Knowitall
    Re: Can a Parent Force Renegotiation of a Custody Agreement
    If the custody agreement is part of the separation order, then the other parent can ask that you renegotiate. If you say "yes", you can renegotiate then ask the court to enter a stipulated order reflecting the new agreement. If you say "no" he can petition the court to modify the custody agreement, and try to present to the court a case that the facts and circumstances warrant revisiting the prior order and extending more visitation.
  • 04-21-2015, 10:47 AM
    llworking
    Re: Can a Parent Force Renegotiation of a Custody Agreement
    Quote:

    Quoting ExpertLogAccount
    View Post
    My question involves a marriage in the state of: Virginia

    My child is now 4 years old and I have primary custody of her. The father serves in the military and has visitation rights. We signed a Separation and Property Settlement Agreement 4 years ago.

    The agreement says "The Husband shall have visitation for one full week every three months from x to y. ... Wife understands that Husband is on active duty in the military and will make every reasonable effort to accomodate Husband's Temporary Duty, etc."
    Also, that he has 30 days to notify of everything.

    He lately has been pushing for two weeks or more of visitation so he can plan more activities. I have been allowing him a few more days, but not the full two weeks. Also, he has not been letting me know his plans before 30 days.

    It is clear after these four years that he is becoming frustrated of the conditions. However, I am fearful that he will try to fight me in court to renegotiate the agreement so that he can have the time he wants and have more leeway. Is he able to do this?

    Thank you.

    He is...but your child is going to be school aged sooner rather than later, therefore you are going to have to negotiate a new arrangement anyway.

    Typical long distance visitation for school aged children is every other Thanksgiving Break, 1/2 of Christmas Break, every or every other Spring Break, and anywhere from 1/2 to 3/4 of the summer. Now, whether or not dad can exercise that time will depend on what is going on with dad's military career...but that is what he would normally have the right to have. Right now what he is asking for is about 8 weeks a year. A typical long distance schedule would give him at least that, and maybe more.
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