Whether you are starting the divorce process or it has already been finalized, you can always ask for a modification to your visitation schedule. When there is a signed agreement and court order (known as Stipulation and Order)  in place, your former spouse or partner may disagree. But your attorney can always advise you about how to proceed. 

For those new to the process or just beginning, everything you want or need out of the divorce should be expressed to your attorney. Their advice is valuable, but they represent your interests. Their suggestions and strategies are rooted in what is best for you. 

You and your former spouse will negotiate terms directly or through mediation or through your attorneys. Attorneys may receive a draft of an agreement and discuss it with their clients. You can agree or disagree with specific points, and your attorney will continue the negotiations on your behalf. 

When two people cannot come to terms, unresolved issues then move up to mediation or an actual court appearance.  Family code mandates mediation between the parties before Judge can make orders on substantive issues.

Child Custody

Understandably, figuring out child custody is as emotional as it is complex. Either you and your spouse will agree on legal and physical custody, or a judge will do so for you. 

• Legal Custody –  The ability to make decisions regarding medical, education, and religion.
• Physical Custody – Where the child will live.

Because amicable and open discussion between you and your spouse is usually the best solution, here are some things to consider regarding physical custody:

Complications

50/50 physical custody is when the child lives with both parents equally. Although one or both of the parents might want this, it may not be feasible. For instance, one parent may be moving away. One parent's work schedule could prevent him or her from being around enough to take the child half the time. 

And everyone's situation is different. Some parents may prefer one parent to have the child most of the time (e.g., 70/30 split) because they believe it to be in the child's best interest. 

Summertime Solutions

70/30 agreements roughly equate to seeing the child every other weekend and two weeks in the summer. If you and your attorney are looking at a 70/30 physical custody agreement, and you are worried about only seeing your child 30% of the time, look to the summer. When the child is not in school, it will free up new options. 

If your spouse is moving a considerable distance away, perhaps you can have the child for the entirety of the summer. Should distance is your biggest hurdle, you could flip the arrangement. Instead of you seeing the child every weekend, then switch roles with your spouse.

Whereas 50/50 may not work for the school year, it could fit your summer schedule. Each parent could have the child for one or two weeks and then switch. Although this may not blend with your work schedule, there are solutions for that as well. 

How much vacation time can you use in the summer? Does the child have a grandparent who would enjoy spending time with the child while you are at work? You and your spouse should always work towards what is best for the child. And ensuring that both parents are a part of the child's life is an integral part of that.

Ahluwalia Law P.C.

If you are going through a divorce, allow Ahluwalia Law to help you through the legal challenges that lie ahead. Since 1995, we have been working with clients like you who are dealing with the complexities of child custody. Contact Ahluwalia Law to schedule your consultation. If you are not already in family law litigation, you may be eligible for a free initial consultation.