Five years ago I was awarded joint custody of my daughter with my ex-wife receiving primary custody. We had it stated that visitation would be agreed upon between us.
I previously had a heavy work schedule and would only get my daughter every other weekend and on occasional breaks and vacation. Now my schedule isn’t as demanding and I have tried to come to an agreement with my ex to have my daughter more, but she refuses to allow me to visit her more than every other weekend and half of every holiday.
Is there anything I can do to get more time with my daughter?
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, courts will routinely order that visitation will be agreed upon by the parties; while this sounds good in theory, it is generally a trap for the parents and only leads to further litigation.
As your order stands now, the mother is not violating it so long as she allows you some visitation; even though the visitation she is allowing may not live up to what the Judge expected at the time she/he entered the order.
It is advisable to seek a visitation order, which is much more specific so that you are able to avoid issues like these. Generally, there is a statutory requirement which must be met before you can ask the court to change the visitation order.
All changes in visitation are extremely fact-specific and require a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on visitation matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.
To arrange an initial consultation to discuss child custody rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.