Parenting time set weekly?

[SESmama]

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

Not finding anything on this forum so here is the question.
I am looking for case law (or otherwise) that shows that a parenting schedule for a child can be set up on a week by week basis.

The non-custodial parent works at a job that only does schedules weekly. the non-custodial is stating that the courts will allow her/him to call the custodial parent on the Sunday (beginning of the week) with what days s/he has available for those 7 days for parenting time.

I am thinking this would not be something a court would order unless there are dire circumstances (what those would be I am not quite sure as of yet). Surely, since this does actually happen where a parent is on a weekly schedule for work, the courts have already considered these situations.

 

[LdiJ]

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

Not finding anything on this forum so here is the question.
I am looking for case law (or otherwise) that shows that a parenting schedule for a child can be set up on a week by week basis.

The non-custodial parent works at a job that only does schedules weekly. the non-custodial is stating that the courts will allow her/him to call the custodial parent on the Sunday (beginning of the week) with what days s/he has available for those 7 days for parenting time.

I am thinking this would not be something a court would order unless there are dire circumstances (what those would be I am not quite sure as of yet). Surely, since this does actually happen where a parent is on a weekly schedule for work, the courts have already considered these situations.

I have never seen a court order something like that....not with so little notice.

I have seen courts order something like that when the schedule is known several weeks or a month in advance, but never at the last minute like that.

If the other parent attempts that, then you should point out that it means that you can NEVER make any plans with the children and its not equitable.

 

[SESmama]

Thanks LdiJ. Thought so.

 

[SESmama]

Here is another question. Has anyone heard of a non-related G/F or B/F being listed as non-caretakers/babysitters in a parenting plan? In other words these people would be listed as people who could watch the child if/when the other parent is unavailable even though there is a ROFR in place? What about grandparents?

 

[LdiJ]

Here is another question. Has anyone heard of a non-related G/F or B/F being listed as non-caretakers/babysitters in a parenting plan? In other words these people would be listed as people who could watch the child if/when the other parent is unavailable even though there is a ROFR in place? What about grandparents?

Since the other parent would have to share their time with their extended family, the child being with grandparents from time to time is fair.

However no, girlfriends or boyfriends are not acceptable substitutes when there is ROFR in place...and no, it would not be "normal" to list them in the orders that way.

 

[SESmama]

Thanks LdiJ. However, I meant that grandparents are listed as non-caretakers/babysitters? The definition of babysitter/caretaker being provided to the custodial parent is someone who is paid to watch the child. This is not what Webster's states as the definition. Would the courts take Webster's definition which does not, in any way, mention monetary reimbursement or the non-custodial parent's definition (or somewhere in between)?

 

[LdiJ]

Thanks LdiJ. However, I meant that grandparents are listed as non-caretakers/babysitters? The definition of babysitter/caretaker being provided to the custodial parent is someone who is paid to watch the child. This is not what Webster's states as the definition. Would the courts take Webster's definition which does not, in any way, mention monetary reimbursement or the non-custodial parent's definition (or somewhere in between)?

Look, if I understand you correctly you do NOT have an agreement yet. Therefore, if you don't like something that the other parent is trying to put into the agreement then you simply refuse to agree.

Then, that issue would have to go in front of a judge.

A judge is very unlikely to make visitation orders that allow the other parent to tell you on Sunday, what visitation they will be taking that week.

A judge may decide not to order an ROFR at all. A judge may decide that its ok to order that grandparents can be caregivers during their child's "time", if the judge does order ROFR. A judge is very unlikely to state that a girlfriend or boyfriend could be a caregiver if a judge does order ROFR.

That is the best that anyone can tell you. You are kind of asking questions in a vacumn, and therefore they are difficult to answer.

 

[SESmama]

Thanks. I do have an agreement with ROFR in it but it is very broad (no time limit) and I was attempting to give a more specific time frame to it but the ex wants his live in girlfriend to have specific rights, which from what I have researched, is not going to be possible but wanted someone who might know more case law (which I was unable to find). His parents already have specific weekends that belong to them and I have given them extra time their son has refused to take (and these are not times I have needed a sitter or caregiver). because the ex has not taken his time in almost 2 years I am considering asking for a modification.

I do not want my boy friend to have specific rights to our son so his asking for them for his G/F is a little concerning.

He works for a chain store and he continues to state his employer will never give him specific weekends more than the week prior (which I find difficult to believe since I used to work for the same chain store). He also states his weekday visits (which he has not taken in 3 years) change weekly and cannot be requested more in advance than the previous week.