Makeup Parenting Time

[mamasan03]

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

Exhusband and I divorced in 2002. We share 50/50 physical/legal custody of our two children, ages 11 and 10. Both my exhusband and I work Monday - Friday, weekends off. Over the years our children have stated a preference for living with me as they do not get along with their stepmother.

Exhusband moved 40 miles away three years ago. He did not inform me of his intentions to do so (I understand his only obligation is to notify the FOC). I found out through our children, who were very upset because their father told them they would be attending a new school. I filed a motion to modify parenting time, asking to have our kids Monday - Friday for the duration of the school year, and reverting back to our 50/50 schedule during summer vacation. Exhusband would have had our children every weekend during the school year. I did not want this schedule (loss of free time with kids), however I felt this was in the best interests of our children. Exhusband responded by filing for full custody. Both of our motions were denied.

Exhusband recently informed me he can no longer transport our children to school. We agreed that starting in September 2010 I would have them Monday - Friday and two weekends/month. Exhusband then demanded that he get make up time during the summer months. Unless a parenting time order has been violated, is exhusband entitled to make up time?

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

 

[PQN]

Each of you are entitled to what is says in the court order.

Have you considered just flip-flopping in the summer? He gets all but two weekends each month (make sure to include a week or two week period for you to have the kids for vacation).

 

[TinkerBelleLuvr]

http://courts.michigan.gov/scao/resources/publications/manuals/focb/pt_gdlns.pdf

As for dad "demanding" the same amount of time, they are NOT going to give him all of the summer - possibly more than half, but you also have the right to have vacation time with the children.

I would go for a modification of the parenting time. Include in it a modification for child support. Don't be surprised if dad moves back closer to go back to 50/50.

 

[mamasan03]

It's always been 50/50. We just recently started Sunday to Sunday, 7pm exchange time. Prior to this we each had our children every four days.

Some background - Our divorce and post-divorce were amicable, which changed after exhusband married his current wife. My children have told me that their father and stepmother frequently tell them "your mother has brain damage" to explain differences in parenting or household rules.

Exhusband filed reports with CPS (all investigated and closed as unfounded). The timing of his complaints to CPS coincided with his move out of town and subsequent attempts to gain full custody. Exhusband has filed four motions since 2007 (the year he moved) to modify custody, all of which the Court denied, referring to them as "support-driven." Court also stated that exhusband exhibits "agression"...and "obvious control issues."

In 2007 I started taking our kids to a child psychologist. I thought it would be good for them to have a neutral party to discuss their parents without feeling as if they're betraying either parent or face punishment for their feelings. Exhusband objected to this doctor so I filed a motion to have a court appointed therapist, who has been seeing our kids for the past year.

My children have told me too many things to list that their father and stepmother have said/done in their attempts to alienate them from me. I understand that it is pointless to get into all of that here. It is my opinion that it would be in my children's best interests for them to be primarily with me.

I would just like to know the likelihood of the Court forcing a modified 50/50 parenting time schedule to give exhusband makeup time.

There is no chance that exhusband would give up his home now to move back.

Thanks so much for your replies.

 

[LdiJ]

It's always been 50/50. We just recently started Sunday to Sunday, 7pm exchange time. Prior to this we each had our children every four days.

Some background - Our divorce and post-divorce were amicable, which changed after exhusband married his current wife. My children have told me that their father and stepmother frequently tell them "your mother has brain damage" to explain differences in parenting or household rules.

Exhusband filed reports with CPS (all investigated and closed as unfounded). The timing of his complaints to CPS coincided with his move out of town and subsequent attempts to gain full custody. Exhusband has filed four motions since 2007 (the year he moved) to modify custody, all of which the Court denied, referring to them as "support-driven." Court also stated that exhusband exhibits "agression"...and "obvious control issues."

In 2007 I started taking our kids to a child psychologist. I thought it would be good for them to have a neutral party to discuss their parents without feeling as if they're betraying either parent or face punishment for their feelings. Exhusband objected to this doctor so I filed a motion to have a court appointed therapist, who has been seeing our kids for the past year.

My children have told me too many things to list that their father and stepmother have said/done in their attempts to alienate them from me. I understand that it is pointless to get into all of that here. It is my opinion that it would be in my children's best interests for them to be primarily with me.

I would just like to know the likelihood of the Court forcing a modified 50/50 parenting time schedule to give exhusband makeup time.

There is no chance that exhusband would give up his home now to move back.

Thanks so much for your replies.

No, the court won't do that. The court would likely give dad every other weekend, the opportunity to come to your community once a week to have an evening with the children, 1/2 of the holidays, and maybe as much as 3/4ths of the summer.