- Posted by Arturo Burga
- On January 26, 2016
- Child Custody
You pick your child for your visitation time, you help him do his homework, you are feeling accomplished right? Then you get his progress report from school, and you learn about all the missing assignments that were no completed while at the other parent’s custodial time. What do you do? Run to court and ask for more visitation because the other parent is lazy with the homework?
In California, before considering a modification of the visitation plan, a court must find that the new visitation plan is in the “child’s best interest” pursuant to CA Family Code Section 3032, before even considering a modification of a visitation schedule. “What’s wrong with the current order?” Well, it is a conflict with a child’s schoolwork, which can be a basis for a modification. Changes could be made to the time and length of a visit, or visitation could be changed to another day. The assumption is that while the child is with the other parent, school work is getting done.
If visitation interferes with school, the non-custodial parent may be violating the terms of the court’s order. In most states, a court must find a change of circumstances before even considering a modification of a visitation schedule. Additionally, any modification must be in the “best interests of the child