I recently modified an existing child custody order giving visitation for 8 weeks, instead of 2 weeks, during the summer to the non-custodia...

Question

I recently modified an existing child custody order giving visitation for 8 weeks, instead of 2 weeks, during the summer to the non-custodial parent. In the previous court order, he was required to give a 60 day notice of election of dates for summer visitation, so I (the custodial parent) could plan accordingly. I assume that he is still required to give this notice, as the modification just changed the length of time spent at the non-custodial parent's residence. However, as the children's summer vacation begins in a few days, I still wait for a request for summer visitation dates, although we are moving out of state in one month and need to know; and he is unwilling to acknowledge my requests for this information. Do I now choose the dates for him, or does he forfeit his visitation?

Answer

It depends on exactly what the new order says. Some orders state that unless otherwise modified, all prior orders remain in full force and effect. If your current order does not state that, then that can become an issue. I suggest that if you don't have counsel, that you retain one. In fact, you that that you are moving out of state, do you have a move-away order from the court allowing you to do so?

BARRY BESSER

www.besserlaw.com