Legal Question in Family Law in Missouri

Modification if decree says ''reasonable''

divorce papers said reasonable visitation. Ex wife established visitation over last 3 years such that non-custodial parent having child 1/2 --183 nights this last year 176 the year before. She is working on her second marriage in the last 2 years and moved the child in and out of 4 households. She now sends certified letter (from her not from attorney) saying visitation of every tuesday and wednesday night.. and every other weekend from friday night to monday morning will be changed as of june 1 to every other weekend from friday night to sunday at 630 pm and visit on tuesday evening until 630 pm. Since she had estabished visitation over the last 3 years, since we live close ot childs school... is this enough to justify the ''change in circumstance'' for a modification?


Asked on 5/13/02, 3:27 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Modification if decree says ''reasonable''

Although the "reasonable" term in the original Decree means that the non-custodial parent enjoys only such visitation as the parents agree upon, the term does not mean that the specific visitation itself be "reasonable" in the ordinary sense of the word. From the facts provided in your question, it certainly appears to me that you would be justified in seeking a Modification based upon the substantial and continuing changes in the circumstances of the minor child and the custodial partent. If you are not already represented by legal counsel you may call me for a free telephone consultation at 314-727-2822.

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Answered on 5/13/02, 8:07 pm


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