Modifying Summer Visitation

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

Hello everyone,
I'd like to know typically, how difficult is it to get a time-sharing schedule modified, particularly where it pertains to the summer visitation schedule.

We originally went to court when we got divorced, and in the final judgment it stated that he would have 6 weeks of visitation during the summer, where during this time I would have visitation with my daughter every other weekend.

A year or two after the initial final judgment, we had some other issues to modify, so we went in front of a mediator. We ended up modifying the summer schedule where he would still get 6 weeks of time with her, but during this time I would only get 1 weekend instead of 2. So he gets 3 weeks, then I get a weekend (Fri-Sun), then he gets another 3 weeks. I thought this would be easier on my daughter (less back and forth), but this arrangement turned out to be a mistake on my part.

This last summer was very traumatic for my daughter and she didn't want to go at all. It is very hard for her to be away for so long. I'd like to know if I can go back to court and try to get it modified so I can have her every other weekend again (during his 6 weeks). I would like to know, is getting the order changed difficult, if my ex-husband refuses? What is the likelihood that a judge would allow me to have visitation every other weekend during his summer 6 weeks?

Thank you in advance.

How old is your child? Why is it traumatic for her? How far away does dad live form you?

She is 10 now. It was traumatic for her to be gone so long. We are very attached and she had a really hard time going 3 weeks without seeing me or being home. Last summer she cried during the entire weekend she was home with me because she didn't want to go back. He allowed her one extra day at home but the following day he made her go back. She tells me she doesn't like it there, but I know that he is entitled to visitation with her so there's nothing we can do about that. However, I'd like to see her every other weekend, if possible. During the rest of the year, he gets every other weekend with her, so I don't understand why I wouldn't be entitled to the same while he has her for his time during the summer. Her father lives 1 hour away.

Thank you for your response.

You can try for every other weekend but quite frankly you need to lessen the attachment between you and your daughter -- your job as a parent is to make her independent. She needs to find coping skills. As do you.

I'm really not interested in parenting advice at this time, but thank you. At this time I am seeking legal advice regarding modification of a time-sharing schedule.

I guess I don't understand why I wouldn't be permitted to have visitation with her every other weekend if that is what my ex-husband gets the rest of the year. I certainly wouldn't expect or allow for him to go three weeks without seeing her. I don't think that is healthy for either parent or the child. Correct me if I'm wrong, and your personal parenting opinion aside, but isn't it standard to have visitation every other weekend?

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Quoting boozapian

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I'm really not interested in parenting advice at this time, but thank you. At this time I am seeking legal advice regarding modification of a time-sharing schedule.

I guess I don't understand why I wouldn't be permitted to have visitation with her every other weekend if that is what my ex-husband gets the rest of the year. I certainly wouldn't expect or allow for him to go three weeks without seeing her. I don't think that is healthy for either parent or the child. Correct me if I'm wrong, and your personal parenting opinion aside, but isn't it standard to have visitation every other weekend?

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Your personal comments aside, but it is standard that you do not get to dictate who responds or how. You agreed to NOT having every other weekend. Doesn't matter what everyone else does. It matters what your court order states. I am not interested in being dictated to by you. Have a good day.

Hello all, I'd like to ask for legal advice if anyone is willing to provide... I have a current order in place which we put in place with the presence of a mediator about 8 years ago. In this order, we have summer visitation set to 6 weeks with my ex-spouse, with my visitation after 3 weeks (so he gets 3 weeks, then I receive one weekend, then he gets the remaining 3 weeks). I would like to know what would be the steps to get try and get this modified, so that we would both get visitation every other week during the summer. Right now, for both of us, it is every 3 weeks.

Is it typical that a judge would decline the request to modify? What is the likelihood that a judge would allow me to have visitation every other weekend during his summer 6 weeks? And of course he would be entitled to the same visitation during my summer time with her as well. The rest of the year it is every other weekend. Is it likely that a judge would make us stick to the original order and not permit it to be modified to the every-other-weekend visitation?

Thank you in advance!

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Quoting boozapian

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Hello all, I'd like to ask for legal advice if anyone is willing to provide... I have a current order in place which we put in place with the presence of a mediator about 8 years ago. In this order, we have summer visitation set to 6 weeks with my ex-spouse, with my visitation after 3 weeks (so he gets 3 weeks, then I receive one weekend, then he gets the remaining 3 weeks). I would like to know what would be the steps to get try and get this modified, so that we would both get visitation every other week during the summer. Right now, for both of us, it is every 3 weeks.

Is it typical that a judge would decline the request to modify? What is the likelihood that a judge would allow me to have visitation every other weekend during his summer 6 weeks? And of course he would be entitled to the same visitation during my summer time with her as well. The rest of the year it is every other weekend. Is it likely that a judge would make us stick to the original order and not permit it to be modified to the every-other-weekend visitation?

Thank you in advance!

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I do not think you will know until you go before a judge. The judge will probably look over everything presented. Note: I am not a lawyer but saw custody issues when I was married to my ex. His other ex wife would constantly abuse the visitation order. It seems like these things are case by case.

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Quoting qwaspolk69

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I do not think you will know until you go before a judge. The judge will probably look over everything presented. Note: I am not a lawyer but saw custody issues when I was married to my ex. His other ex wife would constantly abuse the visitation order. It seems like these things are case by case.

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The ex-wife wasn't abusing anything - it was Dad who was guilty of not following the parenting plan.

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Quoting boozapian

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

Hello everyone,
I'd like to know typically, how difficult is it to get a time-sharing schedule modified, particularly where it pertains to the summer visitation schedule.

We originally went to court when we got divorced, and in the final judgment it stated that he would have 6 weeks of visitation during the summer, where during this time I would have visitation with my daughter every other weekend.

A year or two after the initial final judgment, we had some other issues to modify, so we went in front of a mediator. We ended up modifying the summer schedule where he would still get 6 weeks of time with her, but during this time I would only get 1 weekend instead of 2. So he gets 3 weeks, then I get a weekend (Fri-Sun), then he gets another 3 weeks. I thought this would be easier on my daughter (less back and forth), but this arrangement turned out to be a mistake on my part.

This last summer was very traumatic for my daughter and she didn't want to go at all. It is very hard for her to be away for so long. I'd like to know if I can go back to court and try to get it modified so I can have her every other weekend again (during his 6 weeks). I would like to know, is getting the order changed difficult, if my ex-husband refuses? What is the likelihood that a judge would allow me to have visitation every other weekend during his summer 6 weeks?

Thank you in advance.

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After this amount of time, and at her age, there shouldn't be a problem with not seeing you for 3 weeks. Expect Dad to fight, and to fight hard - and expect the court to side with him unless you have some solid proof that this is harming your daughter. Do you understand that many (if not most, actually) CPs go for the whole duration without seeing their child at all during the 6 weeks?

So what exactly is going on here? Something has obviously changed - now what do you think that might be?

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Quoting Dogmatique

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The ex-wife wasn't abusing anything - it was Dad who was guilty of not following the parenting plan.



After this amount of time, and at her age, there shouldn't be a problem with not seeing you for 3 weeks. Expect Dad to fight, and to fight hard - and expect the court to side with him unless you have some solid proof that this is harming your daughter. Do you understand that many (if not most, actually) CPs go for the whole duration without seeing their child at all during the 6 weeks?

So what exactly is going on here? Something has obviously changed - now what do you think that might be?

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I was not referring to this woman as abusing anything. Are you talking about my note? In my personal situation, yes my ex's ex-wife constantly abused the visitation order by refusing to let him have the kids at times unless he paid child support. That is completely illegal as child support and visitation are separate and it specifically is stated lack of child support cannot be used to deny visitation.

She has also screwed him on his six weeks visitation for two of the last three years by not communicating with him about signing them up for camps during his time. She also constantly has not gone by the parenting plan which stated over 125 miles he was to pick them up at their home, she had to get them when their time ended. She picked them up three times I can recall out of three years. I simply stated about custody issues I saw with my then husband and his ex-wife. I always said to take her to court but he would not. Not my issue anymore but at the time it was ridiculous and immature (on both their parts) but she had no right to deny visitation based on child support or lack of it.