Q: How to modify visitation due to child's behavioral changes?
I currently have sole custody of my child, but I'm considering filing a motion for modification to shorten visitation with the other parent. I've noticed that my child has difficulty sleeping and using the bathroom while visiting them. Additionally, my child is homeschooled, and needs to be home for that. When discussing these concerns with the other parent, he made legal threats to pursue more custody. I have not yet sought the assistance of a therapist or counselor to address my child's behavior changes. What factors should I consider before proceeding with a modification, and how can I effectively address this situation?
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A:
Before proceeding with a motion to modify visitation, it’s important to consider how significant the behavioral changes are and whether they can be addressed through other means. If your child’s sleep issues and difficulties with using the bathroom are impacting their well-being, you may want to seek the help of a therapist or counselor first. Having professional input can help you understand if these behaviors are directly related to visitation or if there are other underlying factors.
In modifying visitation, the court will consider the best interests of the child, including their emotional and physical well-being. You should gather any evidence that shows how the current visitation schedule is affecting your child, such as documentation from a therapist or schoolwork. Additionally, your child’s need for stability in their schooling is an important factor to highlight, especially since they are homeschooled and depend on a routine.
If you file for modification, be prepared for the possibility that the other parent may contest it. Keep the focus on your child’s best interests and avoid engaging in legal threats. If needed, seek guidance from a family law attorney who can help you navigate the process and protect your child's emotional and educational needs.
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