Are you looking for ways to modify your visitation schedule in the state of Mississippi? Below, we will go into detail about how you can do that. There are different ways to do it, so figuring out which one works best for you can be very helpful.
The Process For Visitation Modifications
To modify the visitation schedule, the petitioner must show that the current visitation schedule is not working and that the modification would be in the best interest of the child. When it comes to anything related to children, the court will always look at the best interest of the child. If an arrangement has been working and the child is doing well, it will be harder for the court to modify the order. If both parents agree to a change in the visitation schedule, they can submit an agreed order to the court for approval. This is often a much quicker and less expensive process than a contested modification. Even if agreed, the court will still review it to ensure it’s in the child’s best interest.
An example where the visitation right may be modified is if the parent hasn’t been showing up to visit the child. This could indicate that it isn’t in the child’s best interest to keep giving an absent parent visitation rights. A judge may decide to either put the parent on a trial period or visitation might be reduced, supervised, or temporarily suspended with conditions for reinstatement.. Another example of why a visitation modification may happen is if a parent has the desire to be more involved in their child’s life. This type may be harder if the current arrangement was working well and providing the child with a positive environment.
How to Petition For Modifying a Visitation Schedule
To modify a visitation schedule, you must file a petition with the correct court. This can be called a motion instead of a petition in some courts. The petition must include the following information:
- Both parents’ names and addresses
- A copy of the existing visitation schedule
- The reason why you are seeking the modification
- The new modification terms
The petition will then need to be signed and filed with the clerk of the court where the case is pending. Depending on the court, there may be other required forms that need to be attached to the petition as well. A copy of the petition must be served to the other parent as well. After all this is done, the court will then issue a hearing date on the petition, which is typically done before the decision is reached. During this time, you and the other parent are able to present evidence or argue about the visitation schedule. Once this is done, the judge will weigh the evidence and determine if the modification is in the best interest of the child.
The Timing
Modifying a visitation schedule can take several weeks to several months. It’s all dependent on certain factors. Factors that can cause it to take more time are dependent on the following:
- The court’s calendar
- The cooperation of the parents
- How long will it take the parties to submit the forms
- The complexity of the requested changes
Timing is very crucial to some people, so understanding how long it will take and what may affect the timeliness of the court is good to know.
Material Changes and Visitation Schedules
Material changes are when significant alterations occur that have the potential to impact the well-being of the child or the parent’s ability to adhere to the current schedule. If this happens, then a modification to the visitation schedule may happen. Some examples of material changes include the following:
- Relocation
- Financial Changes
- Health Issues or Substance Abuse
- Incarceration
- Improved Living Situations
When it comes ot visitation schedules, it’s best to keep in mind the totality of circumstances, the impact that it would have on the child, and what the legal process is.
Read More: How Are Child Custody Decisions Made in Mississippi Courts?
Are You Thinking About Modifying a Visitation Schedule in Mississippi?
If you are going through a modification to your visitation schedule, it’s best to get help from a lawyer. Here at Gregory D. Keenum, PA, they will be able to help you with the process and what steps to take.