Q: Can a non-custodial parent get visitation modified to add school days if he lives 45 minutes from the school?
I’m in Georgia. My ex just moved here from out of state. He lives in another county. He wants to modify visitation to add week days/school days so he has more time with the kids. Is that generally approved? The drive time for me is 7 minutes, his is 45 minutes. He is also a pilot who is on call and does not have a set schedule.
A: You can certainly file a modification request. Work with an attorney who can help you with the proper course of action.
A: Your former husband can seek to modify parenting time based on a material change in circumstances at any time, or can seek to modify parenting time for any reason once in every two year period following the original judgment. Either way, the change in parenting time must be in the best interests of the children. This is a factual determination that would include looking at the age of the children, how they are doing in school, the drive time between their school and their father's home, what time their school day begins, if he makes sure they do homework and are prepared for the school day, etc. The judge would look at all the facts to make the determination.
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