Legal Question in Family Law in Oregon

visitation

My ex-husband of 3 years that has every other weekend visitation with our two children one girl, 9 and one boy 12. Is now remarried and doesn't like anything I do and thinks our children are in an unhealthy environment, which is not true. I am buying my own home, work a 9-5 job in an advertising agency, do not date, do not drink, do not do drugs, I am very involved with my childrens school, etc. We have always had a nice relationship, because I feel that the children are all that matter now. Well when he brought them home this weekend, he said all they did is fight and he was not taking them together anymore. He was going to take them seperately or he wanted more time with them. So I suggested that when it is his weekend that he take them on Wed. instead of Friday. I spoke with the kids and they were not happy about having to spend anymore time with him then they already do. He said that was not good enough, that he wants 50/50 one at a time, every other week, so we would both have one at a time. That is not teaching the kids to get along better, they are just kids that argue, I am at a loss, I do not want this and either do the children please help me.


Asked on 9/15/03, 11:30 pm

1 Answer from Attorneys
Noel Snyder Law Office of Noel Snyder

Re: visitation

Absent your written agreement to modify the existing visitation plan (I'm assuming that the visitation schedule is defined in the divorce decree) then visitation remains as it is. If your ex-husband is unhappy with that arrangement and you are unable to mutually agree to a new vistation plan then he will have to file a motion to modify the divorce decree. These matters must go through mandatory mediation which may or may not produce an agreement. If not then the Court must determine whether there is sufficent change in circumstances to justify changing the visitation plan. I think it is unlikely that the court will modify the decree to provide seperate visitation between the non-custodial parent and each child merely because the children fight. I think it is more likley that the court would order the non-custodial parent to participate in a parenting class design to improve his parenting skills or alternatively counseling with the children so that the visits are more rewarding for all involved.

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Answered on 9/16/03, 12:14 pm


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