Q: How can I add a visitation change to the court order if omitted?
After a family court judge stated that my visitation time with my child would increase to every Wednesday, I, along with my attorney, the child's mother, and her attorney, all agreed on this new visitation schedule and left court with this understanding. However, I recently discovered that the judge never included this increase in the official order, and I've been practicing this new schedule for six weeks now. Despite my attorney indicating it was a misunderstanding, it's affecting my relationship with my child as he was very happy with the new arrangement. What legal actions can I take to have this change added to the court order?
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- California
- (916) 704-3009
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- Answered
A:
Since the visitation schedule you discussed in court wasn't officially included in the judge's written order, you should promptly address this issue. Your first step should be reaching out to your attorney to request a formal clarification or correction from the court. Your attorney can file a motion to clarify or amend the existing order, explaining that all parties were in agreement and have been operating under this schedule already.
Supporting your motion with evidence is important, such as declarations from both attorneys, written communication showing mutual understanding, or records of the visitation you've been consistently maintaining for the past six weeks. Clearly indicate how this oversight is negatively impacting your relationship with your child, emphasizing the emotional benefit your child experienced with increased visitation.
The court typically prioritizes the child's best interests, and the consistent practice of this new visitation schedule can weigh strongly in your favor. If all parties were indeed in agreement, the other parent may also submit a declaration confirming this. Acting swiftly to file your motion will help demonstrate to the court your sincere interest in your child's wellbeing and maintaining stability in your relationship.
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