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  1. #1
    Join Date
    May 2011
    Location
    Hillsborough County, FL
    Posts
    34

    Question Do You Get Make-Up Parenting Time for When a Child is Sick

    This is in Florida

    Does anyone have any suggestions on how to word a final judgment with regard to makeup sick time sharing?

    For example:
    I get time-sharing with my daughter. My ex has gotten into the habit of routinely denying me my court ordered time sharing by telling me that my daughter is too ill to travel (but takes her to Aquatica on my court awarded time sharing days). Our current FJ says nothing about our child being sick, denying time if our child is sick, or awarding makeup time if she is too sick to attend time sharing.

    I have court on the 30th to amend the FJ to include a provision that awards me with make up time sharing on my ex’s weekends in the event that she continues to deny my time sharing. We actually went to mediation on this issue but she refused to mediate this particular issue.

    I want to be very specific so that she can’t find a loop hole and get out of giving me make up time for what she is denying me. I can’t seem to find appropriate wording. This is what I have come up with so far:

    “If the child is too ill to attend time sharing the time sharing that was denied due to illness will be made up on the first Saturday or Sunday (which ever is more convenient to the parent who was denied the time sharing) that would regularly belong to the parent who denied the time sharing due to illness. The parent who is receiving the makeup time sharing will notify the other parent of their Saturday or Sunday choice no later than Friday at 6 p.m. on the weekend the makeup time sharing is to occur. In addition, the parent who denied the time sharing will be responsible for pick up and drop off at the residence of the parent who is to receive makeup time sharing. Holiday time sharing shall only be denied if the child needs medical treatment which requires the child to go to an after hours pediatric clinic or the emergency room, in this case the parent who was denied their holiday time sharing will be awarded this missed holiday the following year”.

    Please comment and tweak, our situation requires this to be extremely specific.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,187

    Default Re: Do You Get Make-Up Parenting Time for When a Child is Sick

    Either your child is sick or she is not. If she is not sick you have a bigger issue than make-up parenting time.

    I cannot promise you that the court will like the passage you have drafted - I expect not, because it is exceptionally broad and one-sided, and sometimes children actually do get sick - and I can all-but-guarantee that your ex- will find it completely unacceptable.

    How about proposing something simple, such as "If the child is sick, unless the child has been to a doctor who has declared the child to be too sick for visitation, the NCP shall have the option of exercising visitation and providing sick care. If the NCP exercises this right and is denied parenting time, the NCP shall be entitled to make-up parenting time."

    There does not appear to be a reason to define a special rule for make-up parenting time, above and beyond the standard rule that would apply to any wrongful denial of parenting time.

    Talk it over with your custody lawyer.

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