Modification of Visitation

One area I think more clients and attorneys need to look into is filing for modification of visitation on cases.   I have had several cases where there was not enough to warrant modification of custody which from reading the various appellate opinions in Mississippi is a fairly high standard.   

The standard for modification of visitation is much lower.  In Cox v. Moulds, 490 So.2d 866, 869 (Miss.1986), the Mississippi Supreme Court set the standard for a trial court to follow when confronted with a request to alter a parent's visitation schedule with a minor child.  In Cox, our Supreme Court stated that in order to modify the visitation schedule "[a]ll that need[s][to] be shown is that there is a prior decree providing for reasonable visitation rights which isn't working and that it is in the best interests of the children." Id.

Citing this line of cases, I have been able to argue to expand visitation for several noncustodial parents due to interference with visitation and other actions by the noncustodial parent.  I have typically done this in conjunction with a request for modification of custody so the chancellor has something to hang their hat on if they will not modify custody. 

This is certainly an option to explore in custody litigation which may provide some relief to a party.