Modifying recent visitation agreement

This is a discussion on Modifying recent visitation agreement within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My boyfriend and his ex signed a visitation agreement a month ago. She has since reread the agreement and discovered ...

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Old May 4th, 2009, 06:04 PM   #1
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Default Modifying recent visitation agreement

My boyfriend and his ex signed a visitation agreement a month ago. She has since reread the agreement and discovered that many of her demands for approval and veto of childcare, where he takes the kids during his visitation, etc., were not included by her lawyer. The negotiated the agreement with both lawyers present (each parent in a different room, lawyers back and forth).

She has recently stated that she intends to hire a new attorney and "go to court." It is my understanding that she will need to show substantial changes in circumstance in order to revisit the agreement.

The complicating matter is that we plan to move in together next month, which I believe may constitute a substantial change. Is this the case? Is the court likely to consider this in either agreeing to revisit or modify the order, or in eventually modifying it? We will be moving 15 minutes away, neither of us has drug, alcohol or violence issues. She is aware of our two-year relationship, and I have a good relationship with the kids.

I am worried and do not want to be the reason that the visitation order is modified in a way that is not favorable to him. We are in California.

Any insight/guidance appreciated. Thanks.
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Old May 5th, 2009, 08:50 AM   #2
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Default Re: Modifying recent visitation agreement

The court is not going to be keen to re-do an agreement that was approved by all sides. Moving in is important but usually not enough to have the entire schedule re-opened.
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Old May 5th, 2009, 04:31 PM   #3
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Default Re: Modifying recent visitation agreement

Not sure - you should check with your attorney. If you legal representation didn't appropriately represent her... I just don't know. If the fathers attorney costs a lot - there is an ask an attorney page for $10.00.
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