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  1. #1
    Join Date
    Feb 2014
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    7

    Default Can My Ex Go Back to the Court Order After Agreeing to Modify Visitation Schedule

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

    I have sole physical custody and joint legal custody The divorce was final in 2009. The divorce decree states that my ex has parenting time each week Thursday 5 PM - Saturday 5 PM.

    Last spring he agreed via email that we could change to every other Friday after school - Sunday 3 PM and every other Friday after school - Saturday 6 PM.

    I re-confirmed that parenting time agreement with him in August and he agreed to continue it for the new school year for 2013-14.

    Now he is asking to change back to Thursdays and keep the every other Saturday overnight. I have not agreed to this. The kids have been very happy with the current schedule of him picking them up on Fridays, as it interferes less with the school week.

    He has told me that he is now going to pick the kids up on Thursday even though I have not agreed. Do I have any way to stop him from getting them on Thursday? Our divorce decree does say Thursdays, but we had an agreement through email on Friday pick up instead and I have not agreed to change that. Our divorce decree does say, "Unless otherwise agreed by the parties" in regards to the parenting time schedule. Is the email agreement for Friday pick up binding?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Parenting Time Dispute

    Even if it was, Dad's allowed to change his mind.

    Best have the kids ready on Thursday. And then you can file to modify based on a new status quo.

  3. #3
    Join Date
    Feb 2014
    Posts
    7

    Default Re: Parenting Time Dispute

    So that means that I can then pick up on Saturday 5 PM instead of Sunday, right?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Parenting Time Dispute

    Yeap!

    You can both go back to the original order - but yes, if you want to keep the last year-or-so's schedule, you'll need to modify with the court.

  5. #5
    Join Date
    Feb 2014
    Posts
    7

    Default Re: Parenting Time Dispute

    What is the likelihood that the court will give him what he wants? Which is week 1: Thurs after school - Saturday 6 PM, week 2: Thurs after school - Sunday 3 PM? We have tried that schedule in the past but changed it back to Friday pick-ups last spring. I really have concerns with Thurs pick ups because it is disruptive to the school week and there have been incidents of him not taking them to school on Friday.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Parenting Time Dispute

    Quote Quoting Mom4
    View Post
    What is the likelihood that the court will give him what he wants? Which is week 1: Thurs after school - Saturday 6 PM, week 2: Thurs after school - Sunday 3 PM? We have tried that schedule in the past but changed it back to Friday pick-ups last spring. I really have concerns with Thurs pick ups because it is disruptive to the school week and there have been incidents of him not taking them to school on Friday.
    I don't think its very likely because that leaves you very little weekend time with the children. I could see a judge give him Thurs - Sunday every other weekend but some other days on the opposite week that don't include the weekend at all.

    However, that apparently is not what you want because that would just make him responsible for MORE school days.

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