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Parenting plan and floating work schedule

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What is the name of your state (only U.S. law)? Oregon

My daughter's father and I share joint legal and were sharing 50/50 custody. Ex recently got a job and right now daughter is with me primarily and with him 2 days a week. Ex's schedule will most likely be Sundays off and a weekday that may change week to week. We have agreed in principle to every other weekend (his would start after work Sat night) and each week, the two nights sandwiching his day off.

I searched the forum for floating days off, unpredictable work schedule, and didn't see anything. I know I've read posts here before about schedules like this. The county forms are easy enough for the every other weekend aspect, it's the unknown weekday that I can't figure out. Would this work? I would appreciate feedback.

"1 x 36 hour period weekly, from 7pm to 7am, beginning the day before and ending the day after Father's scheduled weekday off. Father shall inform Mother as soon as practicable of each week's scheduled day off. Mother shall make child available for parenting time outlined above, with 24 hours notice.

In addition to the scheduled time, Mother shall make all reasonable efforts to accommodate Father's request for additional parenting time of up to 48 hours in any two week period, with 48 hours notice."

Thank you in advance for any suggestions.
 


CSO286

Senior Member
Many many people work jobs with unpredictable schedules. Most simply require that the NCP provide his schedule to the CP a month in advance (or as soons as it becomes available to the NCP) in order the ensure that the NCP can make the most of his time with junior.

It's going to require that both of you can communucate effectively with each other.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Oregon

My daughter's father and I share joint legal and were sharing 50/50 custody. Ex recently got a job and right now daughter is with me primarily and with him 2 days a week. Ex's schedule will most likely be Sundays off and a weekday that may change week to week. We have agreed in principle to every other weekend (his would start after work Sat night) and each week, the two nights sandwiching his day off.

I searched the forum for floating days off, unpredictable work schedule, and didn't see anything. I know I've read posts here before about schedules like this. The county forms are easy enough for the every other weekend aspect, it's the unknown weekday that I can't figure out. Would this work? I would appreciate feedback.

"1 x 36 hour period weekly, from 7pm to 7am, beginning the day before and ending the day after Father's scheduled weekday off. Father shall inform Mother as soon as practicable of each week's scheduled day off. Mother shall make child available for parenting time outlined above, with 24 hours notice.

In addition to the scheduled time, Mother shall make all reasonable efforts to accommodate Father's request for additional parenting time of up to 48 hours in any two week period, with 48 hours notice."

Thank you in advance for any suggestions.
I don't like the bolded. It would be ok if you were to say, that the additional parenting time of up to 48 hours excluded mom's weekends.
 
My ex is a police officer and has our son 2 days (48 hours) each week. His schedule changes once a month. Our order states "Father will have parenting time with the minor child beginning at 5 pm the evening before his first day off, until 5 pm on his second day off." He used to provide his schedule verbally, once a month, but we now use an online google calendar. It's kinda a pain in the rear trying to remember the floating schedule, but you adjust to it with time.
 

mistoffolees

Senior Member
I don't like the bolded. It would be ok if you were to say, that the additional parenting time of up to 48 hours excluded mom's weekends.
I don't like it either - but for a different reason. What is 'reasonable effort'? And what if Mom gives him 5 minutes. That's "up to 48 hours".

That sentence is so vague as to be unenforceable - and is likely to lead to problems down the road.
 
Thanks for the comments everyone. Much appreciated.

Misto, ex has said that occasionally he may get two days off in a row - that clause was intended to provide him the opportunity to take parenting time then, provided it didn't interfere with plans I'd already made. He's a hair short of 50/50 with this schedule and I am happy to accommodate more time where it's reasonable - it might be the only opportunity he gets to travel with her, for instance. But I also didn't want to set up a scenario where he could just show up and take off without giving me some notice. If you have suggestions for how to word it effectively, I'm all ears.

Unfortunately ex and I don't communicate well and so I'm trying to draft language that protects both our rights and preserves his time, while allowing for the flexibility that we'll need to accommodate his changing schedule. To the extent possible, precision is going to be our friend. I hope that we're able to do better than the minimum as far as working together, but the better we can spell out minimum requirements and responsibilities, the easier it will be for all of us.
 

LdiJ

Senior Member
I don't like it either - but for a different reason. What is 'reasonable effort'? And what if Mom gives him 5 minutes. That's "up to 48 hours".

That sentence is so vague as to be unenforceable - and is likely to lead to problems down the road.
I interpreted as being that dad made the election of how much extra time...not mom. However yes, it could be clearer.
 

mistoffolees

Senior Member
Thanks for the comments everyone. Much appreciated.

Misto, ex has said that occasionally he may get two days off in a row - that clause was intended to provide him the opportunity to take parenting time then, provided it didn't interfere with plans I'd already made. He's a hair short of 50/50 with this schedule and I am happy to accommodate more time where it's reasonable - it might be the only opportunity he gets to travel with her, for instance. But I also didn't want to set up a scenario where he could just show up and take off without giving me some notice. If you have suggestions for how to word it effectively, I'm all ears.

Unfortunately ex and I don't communicate well and so I'm trying to draft language that protects both our rights and preserves his time, while allowing for the flexibility that we'll need to accommodate his changing schedule. To the extent possible, precision is going to be our friend. I hope that we're able to do better than the minimum as far as working together, but the better we can spell out minimum requirements and responsibilities, the easier it will be for all of us.
Leave out the 'reasonable effort' stuff and make it clear who gets to choose. I guarantee that if you say "Dad can request, but I have to approve to be sure that I don't have something else", there will be problems.

Either state simply that Dad can request up to 2 days of additional time if he gives 48 hours notice, but can only do this once a month (in which case he might occasionally ask for time when you've got something scheduled - in which case you could hopefully act like adults), or just leave it out of the court order and continue to be flexible and tell him that if he asks for time and you're not busy you won't object.

If the two of you can't handle that amount of discussion and flexibility, then you're going to have battles anyway. Therefore, the court order should not be open to interpretation.

Ultimately, if you're that close to 50:50 time and have already decided how to handle the taxes, it really doesn't mean a hill of beans to anyone whether it's 48% or 52%. It's certainly going to matter less than getting into battles every time you have to try to interpret a vague court order.
 

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