Modifying visitation schedule


Dear kuntry boy:

Greetings. You really have three (3) options:

  1. Try to negotiate this yourself (this is apparently not working).

  2. Retain an attorney and have them negotiate outside of court for you.

  3. Retain an attorney and have them file a litigation action for you.

Thank you and good luck getting the time you deserve.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I need some advice.

First of all, let me say that, to put it mildly, my ex-wife and I have a strained relationship.

I know have secondary joint custody. My son (5 yrs) is starting school later this month. I would like to have my visitation modified so that during his school vacations my ex and I would split time with him. For example, Thanksgiving and Christmas breaks, as well as, spring break. I would aslo like to alternate years with him on Labor Day and Memorial Day. Currently, those holidays are not in our divorce papers. Also, during the summer months, I like to have him overnight Wednesdays. Right now I have him from 4:30pm until 8:00pm. During the school year that’s fine, but during the summer I’d like to have him overnight. My work has agreed to let me come in later on Thursdays in order for me to get him to daycare at a reasonable time.

I really don’t think this is asking too much. Sometimes I feel like she is using him as a pawn in order to get to me, though she’d never admit it. He’s the only one who is innocent in this whole mess. All I want is more time with my son. I coach all his ball teams so that I can be with him more. She told me at first, that she had been “advised” by her attorney that this was not a good idea. I love my son very much. I’ve always had his best interest in mind. I’ve never been late with a child support payment or done anything questionable with him. All I want is more time.

How do I go about this? Am I making unreasonable request? Is it something that I would have a hard time getting? He only lives 10 minutes from me, so there is no question of distance.

Thank you