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Modification of visitation schedule.
The child lives with me, the father, now and I was awarded a judgement of domiciliary parent. It`s been over a year since the judgement in my favor. Part of why I was awarded was the mothers neglect of his education needs but keep in mind the child lived in many different locations but always back and forth with the grand mother whose part of my public question.
The mother was ordered and adjudged and decreed Wednesdays visitation to pick up the child after school Wednesdays and return him by 7:30pm
Later the grandmother hired an attorney to be difficult which led to *consent judgment* allowing the grandmother to be allowed to pick up and drop off the child for any and all physical custody times set forth for the mom and also be allowed to exercise any and all physical custody times with the child set forth for the mom. It also states homework will be done with the father when the child gets home at 7pm from school. I requested homework be done with me because the mother and the grandmother did not complete homework correctly. Also the mother has totally neglected to visit with our son since the original judgment was done, only the grandmother comes.
1. Is it possible for me to modify the visitation schedule? Do I use a Motion or petition and do i have a valid argument?
2. The current Wednesday visitation schedule is not working because It does not allow our son to complete his homework until very late and also does not allow time to do home work and study for test in the same night. Our son has ADHD and every Wednesday the child and the grandmother are off to chuckecheese and places like this ware he comes back tired and not wanting to do homework.
3. This decision by the court to allow this was drawn from a custody evaluation where Quote "this time was given to the mother to have and opportunity to get involved in his education" not party out with grandparent every Wednesday till 7pm.
4. I have a letter from the grand mother from not long after i was awarded custody asking me if she could have him back by 6pm for many reasons.
5. I also have audio recording that I believe would be of help.
6. emails from the mother why she does not come to visit.
7. other evidence
Congratulations on obtaining primary custody. I am sorry to hear that the mother does not come parent her child.
1) Well, it is always 'possible' to request a change. The question is if it is wise to do so.
2) Grandma has an attorney and knows how to use him.
3) You did insist on being the one to do the homework, after the kid arrived home from his visit.
4) You did agree to the current schedule.
5) Instead of starting out by rushing in to court, talk with the Grandmother.
a) Find out what sort of schedule she would like to have.
b) Work out an agreement between you and her.
c) Then file a joint, consent request to change the schedule.
d) I'm only hearing about 'Wednesday visits'. Where are the weekend visits? Can you give grandma some weekend time instead of the Wednesday?