If you are following a visitation schedule that is different from the one set forth in your Custody Judgment, it is important to enter a Court Order that reflects the actual schedule you are following. This can be done by agreement if you and your former spouse acknowledge and agree to continue following this modified schedule. It can also be accomplished by filing a Petition to Modify Visitation, wherein you can ask the Judge to enter a Court Order reflecting the modified schedule you have been following, if there is no agreement to do so.
It is imperative to formally modify your visitation schedule by Court Order. For example, should your former spouse choose to suddenly discontinue following your increased parenting time, without a court order, you will not be able to enforce the schedule you have been actually following and may end up seeing your children much less than you, and they, are used to. This also holds true if your former spouse was exercising much less visitation than what is set forth in the Custody Judgment. You will be stuck following the schedule contained within your Custody Judgment should your ex-spouse suddenly demand the increased visitation. Depending on your circumstances, your children may not be comfortable with this sudden change. If you wait to file a petition until your former spouse suddenly decides to revert back to the Custody Judgment, you may not be able to get any relief in court on a Petition to Modify for 45-60 days (or sometimes longer), during which time you and your children will be stuck following a schedule no one is used to.
If you have been following a much different visitation schedule than what was previously court ordered, contact our attorneys at J. Aldrich Law, P.C.. to ensure that your modified schedule is enforceable going forward should a dispute arise between you and your former spouse in the future. We are experienced in addressing a variety of family law matters, including post decree visitation modification. Your initial consultation is free.