No extra visitation without... change.
Posted on Oct 2,2006
No extra visitation without
Q. When I divorced two years ago I agreed that my husband could have custody of our two sons, then 6 and 10 years old. During the school year, I see the boys on alternate weekends, plus either Tuesday or Thursday afternoon from 4 "“ 7 p.m.
Now I'd like the boys to stay over one night during the week. But my ex-husband won't agree. What chance do I have of getting a court to give me the extra overnight?
A. Slim and none. Your divorce agreement could have provided for increased visitation as the kids got older. But, for whatever reason, you didn't. Now, in order to change visitation, you must prove there has been a substantial change in circumstances since the divorce.
Back then, you knew the boys would get older. So, the
court won't find their getting older a change in
circumstances and you will not get the extra overnight.