If you have a court order detailing visitation do you have to have a lawyer to change it? My papers say that during christmas break from school that we alternate years...one parent gets from the day school lets out till Christmas eve and the other gets from chmas eve till the day before school returns....well this up coming school year the school is letting the kids have 3 weeks out instead of 2 so that is totally unfair that one parent would get 6 nights and the other would get 13....not to mention i have never had to go that long without seeing my children. would they change based on the school schedule??
1 Answer from Attorneys
Court ordered visitation cannot be changed without a new court order. Would a court entertain a change that only effects 7 days out of a year? Generally no, but you could spend a few thousand dollars trying to find out. A simpler solution would be to talk to the other parent and see if they would voluntarily divide the holiday differently. While that is not court enforceable, it's cheaper. Bear in mind that if you file a case now, it may not be completed before Christmas.
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