Just a Lawyer in Lincoln's Hometown

November 9, 2010

Samantha & Henry: Visitation with Children

Filed under: Family Law — Chuck @ 1:00 am
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Samantha and Henry have decided that they are going to get a divorce. They simply cannot live together anymore. About five months ago Henry moved out and is living in an apartment near the house where Samantha and the children, Ken, age 8, and Jenna, age 6, live.

Both Samantha and Henry have tried to cooperate with each other over visitation with the children. They have decided that Samantha will have the children living with her, and Henry will have visitation. They have tried to arrange visitation, but there have been problems.

Being wiser than many, Samantha and Henry decided to mediate the issue. They recognized that they needed some knowledgeable help. A mediator helped them come to an agreement that met their needs. But both worried that the agreement that worked for them today might not in the future. So before they inked the deal, Samantha went to her lawyer.

The lawyer was impressed with the efforts both parties went to and the agreement itself. But he had one criticism: the agreement did not have a provision requiring periodic review. He felt that if the parties got together and reviewed how the agreement was working, they could possibly prevent minor irritations from growing into litigation producing complaints. The lawyer recommended that they get together every other one or two years.

The lawyer also told Samantha that she and Henry could informally agree to vary the agreement. He explained that the agreement represented what each of the parties could enforce against each other. But as long as they both agreed to change visitation, one time or for a long time, there was no problem. He noted however, that if the two of them wanted to make a long-term or permanent change to the visitation schedule, they probably should put the change down on paper. This helps avoid misunderstandings.

Henry and Samantha, although getting divorced, are being good parents. They understand that minimizing the effect on the children is one of their primary concerns.

We will visit Henry and Samantha again as they go through this process.

Chuck from Watson Law, LLC

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