Ask A Lawyer: New Engagement Ruins Parenting Schedule

Question:

I just asked my girlfriend of just over a year to marry me and she said yes. This was all discussed with my son (age 10) prior to the engagement. My girlfriend had been living with me for about 5 months prior to the engagement.

Upon the engagement my ex-wife was very angry and reverted back to original visitation. You see, we have been following a agreement that allows me much more visitation than the original decree calls for.

Now around every corner is another storm from my ex-wife when she perceives a lack of respect or the like towards her. The question is: what are my chances of getting visitation to officially reflect what has been the norm for over 2 years?

 

Answer:

You need to consult an attorney in your jurisdiction about the possibility of filing a motion to modify your current parenting plan to reflect the schedule you and your ex-wife followed prior to your engagement. 

You have a good chance of the Court modifying your parenting schedule to reflect the schedule you were enjoying prior to your engagement as Judges consider prior behaviors of the parties.  It will be difficult for your ex-wife to argue that the modified parenting plan is not in the best interests of your son, as you have been following the plan for over two years.
 

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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