Modification of Visitation Arrangement: When and How to Request It

Why Visitation Arrangements Change

The visitation arrangement agreed upon or judicially established at the time of separation reflects the circumstances of that moment: children's ages, parents' jobs, geographic locations. Over time, many of these circumstances change, and the original arrangement may no longer be most appropriate for the minor's wellbeing.

Common Causes for Modification

• Change of residence of one of the parents
• Significant job or work schedule change
• The child comes of age and has their own preferences
• Repeated non-compliance by one of the parties
• New family circumstances (new home, siblings)
• Special needs of the minor not initially contemplated

Modification by Agreement

The simplest and most recommended way to modify the arrangement is by agreement between the parents. A mutual agreement can be formalized before a notary or submitted to the judge for approval, thereby updating the regulatory agreement. Family Bridge can facilitate the negotiation and documentation of this process.

Judicial Modification

When there's no agreement, either parent can petition the family court for modification of measures. For the judge to agree, a "substantial change in circumstances" since the original arrangement was established must be proven.

What Does Not Constitute Sufficient Cause

Courts are strict about what constitutes a substantial change. These are not sufficient:

• A parent's mere desire for more time
• Minor schedule adjustments without significant impact
• Disagreements about parenting rules in the other home (unless they're serious)

Documenting for a Potential Modification

If you anticipate needing to request a modification, document from now on any non-compliance, circumstance changes, and any relevant communications. Family Bridge provides an automatic record with date and time of all communications, which can be very valuable in a judicial proceeding.

The Minor's Interest, Always

In any modification request, the judge will primarily evaluate the impact of any change on the minor's wellbeing. A modification request that clearly benefits the minor has many more chances of being accepted than one that primarily benefits the requesting parent.