Q: My ex and I split up when our kids were 4 & 1.5… we went through the courts for support and custody. I wanted to move to get married so before the judge my ex allowed myself and the kids to move in return for less support money….jump ahead 5 years, My kids and I moved far away 5 years ago, I am remarried, we have a 2 year old together…my older two kids are in a great school system and are excelling in school and sports. I take them to see their dad almost once a month plus holidays…it has gotten to the point that their dad thinks it’s ok for them to miss school for him which for me in unacceptable…they are now 6 and 9. They become hysterical when they need to go visit stating they are scared of him and such. Our parenting plan states he gets them 1/2 summer but he says he gets them all summer. Can I modify visitations because it is interfering with their school? Can I shorten their summer trips because they compete in competitive sports. They do not want to go anymore for as long or as much as they do. Can their father turn around and change his mind about the initial relocation agreement signed and approved 4 years ago? Would a judge do that?
A: David’s Answer: A Judge would not retroactively disapprove the relocation. And now that your children are school-age, that’s actually a common time when people go back to court to re-visit the visitation schedule. Thus, your requests appear presumptively reasonable. Call a Westchester Child Custody attorney to schedule a consult for a full assessment.