I am wondering what flexibility there is with what's acceptable to be written into divorce paperwork. My main question is about visitation: First of all, attorney says I will get primary custody of kids. The defendant has a drug addiction and I do not believe he is fit to watch the kids for weeks at a time in the summer, as is standard for judges to order. How can I bypass this? My lawyer says I cannot, but for safety and well being of the kids I would like the visits to be weekend only throughout entire year, as well as no out of town trips until sober and clean. Preferably no unsupervised visits either till sober and clean.
Answered on: 8/30/13, 7:04 am by Robert Gardner
The summer visitation is standard, but that does not mean you can ask for something different. If the other side agrees to some provisions which can be objectively measured as a prerequisite to extended visitation, that would work fine. if they won't agree, you may have to have a hearing, prove that there is an issue, and ask the Judge to deviate from standard visitation.
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