Additional Visitation

[CaliGal]

My jurisdiction is: California

My Ex and I have a very flexible visitation schedule, only defined by percentages and nothing else. He has 10% or 36.5 days a year.

He sometimes asks to have our child more than that but doesn't want to bother with an official custody modification. I'd prefer to stick to the original agreement to keep everything simple and prevent him from demanding more and more time without going through the proper channels.

My question is this:
If he asks for more days after he's already used up his 36 for the year, and I don't let the child go with him, will the courts look down on that in future modification proceedings (if they ever happen)? I don't ever want to keep the child from him, but I also want him to stick to the current agreement as written.

Thanks for your help.

 

[irish223]

Actually, it could go either way, IMO. The judge may believe that you aren't willing to facilitate their relationship if you deny the extra time. If you allow it, then you set a precedent for increased visitation.

However, if he goes back for a modification, he will likely be awarded far more visitation unless there is some reason to prevent it. His current visitation is much less than the standard visitation of every other week, plus summer and holiday times.

 

[CaliGal]

The reason it is such a small amt. of time is because he lives in Denmark and work consumes his time for the most part. He sees her when he comes back to the states which is why 10% makes sense for our situation (I thought).

What is the norm for a parent who is living outside the country, when the other parent/child is in the states?

 

[irish223]

If the child is in school, then half the summer or more, plus half of winter break and/or spring break would not be unusual visitation for a parent out of the country. In some long-distance situations, the NCP is awarded the entire summer.

Since he is attempting to see her on his visits here, the situation is a little different than just asking for more time. If he asks for a modification, it may appear that you aren't willing to foster his relationship with his daughter.

Regardless, you are entitled to limit his time to 10% until he files for a modification. You will have to decide if you want to give the extra time so that he doesn't file for a modification, or deny the extra time and hope he doesn't file.

 

[Duranie]

10% is not alotof time and if dad takes you to court for moretime he'lllikely get it. The fact he sees his daughter so little now and you donot want to give him more time without going to court, may backfire. Be the bigger person and lethim see the child since he is not see her much this year. The norm forlong distanceis pretty much half of all school breaks and a few weeks in the summer.

good luck