Legal Question in Family Law in Nebraska

Changes in visitations..

My ex and I were divorced when our daughter was 6. At the time both of us were single and the decree was fine for a girl who was six. She is now 14 and over the years we always strayed away from the parenting plan to help eachother out with conflicts.(Ie: work, vacations) Now things are getting difficult between us and he is all of a sudden referring to the decree and parenting plan like it is bible! Is the initial plan still valid? Or mutually straying from it make the initial plan/decree null and void? Or should I take it to a lawyer to ''tweak'' it to fit the situation now?


Asked on 3/12/08, 12:49 pm

1 Answer from Attorneys
David Tarvi n Tarvin Law Office

Re: Changes in visitations..

1. The parenting plan is still valid until you make a change in court. However, it is always a "fall back." In other words, if the two of you agree to different terms, you are free to deviate from the plan. If he now wants to adhere to the plan, you must do so until the court changes it.

2. You can and should talk to a lawyer about modifying the agreement if you are unhappy with the arrangement and if circumstances have materially changed since the entry of the decree.

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Answered on 3/28/08, 1:54 am


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