I am a psychologist and would like clarification on a separation agreement from 2005. My client is a 10 yr old boy. Mom and dad have joint legal custody and mom has primary physical custody. A visitation schedule was created but has not been followed strictly over the years as mom and dad have an amicable relationship and live near one another. Recently dad has not been following order, and mom has concerns about unfit household and alcoholism. While offering dad all the time he’d like with his son, she is requesting visits take place in her home and not allowing son to sleep over at dad’s home. Does she have the legal right to modify visitation accordingly?
She does not have the right to unilaterally modify the agreement. If she doesn’t follow the separation agreement, the way the father would enforce it would be to file a new child custody action. The court would then hear the facts of the case and enter a new custody order.