View Single Post
Old 12-22-2008, 05:45 PM   #7 (permalink)
Honeywith4bees
Senior Member
 
Join Date: Aug 2007
Posts: 861
Honeywith4bees is on a distinguished road
Default

I'm in a little bit of the same situation, though already divorced. I have sole physical custody of my kids, but joint legal custody. We also have the terms of the visitation set in the divorce order (though it can be changed later.) It is advisable for you to maintain sole physical custody and have it spelled out in your documents if and when he will be allowed visitation. I have spoken to a lawyer just recently about changing our court order and the lawyer said that judges wan't to see something specific happen before they will make a change later. So for instance, if it is not spelled out now when he can visit, he could demand a six month visitation three years from now. When you then go back to court to fight the visitation, the judge will want to know what has happened in those last three years to change your mind about your original agreement. If your ex has been clean and out of trouble, then you don't have a leg to stand on. My ex also didn't pay his court ordered support and the lawyer said that that wouldn't impact visitation.

However, all that being said, perhaps the law is upheld differently where you live.

Good luck!
Honeywith4bees is offline   Reply With Quote