Can I change the visitation we agreed upon at mediation if no temporary orders were filed?

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Can I change the visitation we agreed upon at mediation if no temporary orders were filed?

I am going through my divorce and my ex and I went to mediation and found an agreement for custody. However my daughter came home from overnight visits with some disturbing actions – waking up in screaming fits – which is very unlike her. There weren’t ever any temporary orders filed, so is there a way that I can change the vistiation agreement?

Asked on April 17, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Many people enter final judgements in divorce or custody disputes thinking that "it's finally over."  When it comes to family law, very little is every final.  The courts do not like bouncing kids around, but the Family Code does authorize either party to petition the court for a change in visitation or custody arrangement based on a material change in circumstances.  This means, that yes, you can ask the court to change the visitation.  However, before you do so, have your ducks in a row.  One bad dream is not going to get a change unless you can link the behavior to the other spouse-- or if your daughter describes some things that are bothering her during the visitation.  If your child is fairly young, you may want to consider having her interviewed at a child advocacy center.  Not all CAC's will do the interview, but some will.  This way you can show that your daughter told a neutral third party that bad things were happening and the visitation schedule needs to be changed. 


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