Q: Can I ask for a modification of parental visitation if it isn't being used?
My ex husband does not use his time to see our daughter. He has not seen her in 2 months and before that 3 months. He is supposed to get her every other weekend. Is there something I can do to modify the visitation since he isn't using it? And he only calls once a month when our papers say he can call any time between a certain time frame.
A: Yes you can, depending on the circumstances. Call us to schedule an appointment to assist you further.
A:
You can, but there isn't a benefit to it. He doesn't have to exercise his parenting time if he doesn't want to. Keep very good records and calendars of missed parenting time. It may be useful in the future, but getting an order that limits his time when he doesn't see them anyway isn't going to do you a lot of good.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
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A: Yes, you can. Additionally, if he is not exercising visitation at all, you may be entitled to an upward modification of child support.
A: Yes, you can seek a modification, but whether or not it is granted is another story. That depends on the circumstances. And as one of my colleagues pointed out, he doesn’t have to utilize the time if he doesn’t choose to do so. -Homer P. Jordan IV, Esq. 404-620-1558
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