Can the father of my child change the mediation agreement? 1 Answers as of May 31, 2011My son is 5 months old. His father and I were never married and are no longer together. We went to court and filed a mediation agreement and it is past the point of appeal. My son's father now wants to change his visitation. Right now his visitation is for Mondays and Fridays from 10a - 6p. When we signed the agreement the father was unemployed. The father's new job now requires that he works on Mondays, so he is unable to visit at that time. How likely is it that the court will change our agreement?
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
With respect to most types of lawsuits in New York State, once a case has been adjudicated and all appeals have been exhausted, the case is closed. However, with issues relating to children (custody, support, visitation), the case is not closed until the child reaches maturity. Therefore, there is nothing preventing your son's father from going to Family Court to seek a modification of the mediation agreement relating to visitation. Since his new job requires him to work on Monday, it is fairly likely that the court will agree to modify the terms of visitation, unless you can show a more compelling reason to maintain the status quo. You would need to show that if the father cannot take the son on Monday, you would suffer a harm greater than the likelihood that he will lose his job.
Answer Applies to: New York