Even when both parents agree to change the terms of a child visitation order, a court must approve of the change before it becomes legally binding and enforceable. That means parents need to file a petition requesting the change, and they must comply with all legal guidelines.
For that reason, parents who want to modify a visitation order should strongly consider working with a family law attorney. When one parent disagrees with the proposed change, legal assistance becomes even more crucial, because an experienced family law attorney understands how to persuade the court that the proposed change should be granted in the child’s best interests. At Tessie D. Edwards & Associates, we are ready to help you create the legal change you want in your visitation arrangements.
Do You Need to Show a Material Change in Circumstances to Modify Visitation?
A parent who is requesting a change in visitation needs to demonstrate that circumstances have changed in order to get the court to consider the request. However, if it has been less than two years since the previous visitation modification, then that parent would need to show a sufficient change in circumstances to justify making the change.
If one parent alleges that they have been denied visitation, that may be enough to cause a court to reconsider a visitation order. Similarly, if there are allegations that a parent failed to provide appropriate supervision or that a parent has attempted to prejudice a child against the other parent, those allegations also provide grounds for reconsideration of a visitation order.
The Court Will Modify Visitation if It Believes the Change is in the Child’s Best Interests
To convince the court that a visitation plan should be modified, a skilled family law attorney will focus on the child’s needs and desires rather than those of the parents. While parents suffer when they are unable to be with their children, that heartache is irrelevant to the court.
In fact, emphasis on a parent’s loss could even undermine that parent’s efforts to gain more visitation time because it could appear as though the parent is unable to put the child’s needs ahead of their own. Instead, it is important to show precisely how the modified visitation schedule will benefit the child.
Find Out How an Atlanta Family Law Attorney Could Help You Modify a Visitation Order
Childhood is a fleeting experience, and the opportunities to spend time with your child decrease as each day passes. If you want to seek an increase in visitation or you believe your ex is creating an unsafe environment and should have visitation rights curtailed, it is wise to seek experienced legal guidance as soon as possible. Contact Tessie D. Edwards & Associates today to find out how we could help achieve your goals for visitation modification.