Modification of Exchange Times Based on a Parent's Work Schedule
My question involves a child custody case from the State of: Ohio
Hello all, it's been a while and things have settled down a lot since I last posted in all the confusion and shock I was going through at that time. Generally things are going well and my ex and I usually are able to communicate well and accomodate each other, however 1 issue is becoming a problem and I would like some help determining what the proper response would be.
Regular parenting time: the minor child shall reside primarily with the mother, but father shall have parenting time with the minor child on alternating weekends from Fri at 4 pm to sun at 4 pm.
Transportation: the parties will be responsible for their own transportation and will exchange the minor child at [insert halfway point designated as meeting place. This location is approximately 1-1.5 hrs from each of us.]
Problem: father sometimes picks up overtime on his weekends. He notifies me of this change the day before we are supposed to meet and will ask that I change the exchange to sat afternoon. I find it incredibly inconvenient to have to rearrange my whole weekend to accomodate, sometimes cancelling my plans, etc to accomodate him not wanting to pay a sitter. As it stands I try to be flexible with Fridays. He will ask us to do the exchange anytime between 4pm and 6 pm. So I do not make plans so I can accomodate those changes as I view then as minor.
But the custody agreement doesn't specify what happens if ncp can't make it at the designated exchange time or how long a parent must wait if a parent is late, etc.
I have a copy of local rule attached to the agreement, but per our parenting plan it only references the local rule in holiday time. HOWEVER at the bottom of local rule, there is a section that states: (under notice)
...notice of the intent not to visit shall be given 24 hours in advance. The children must only be available 30 minutes past the scheduled pick up time unless prior arrangements have been made by the parties.
**again, my parenting plan only draws specific reference to holiday schedule though. Not to the notice section**
At the next instance of his last minute changes of plans (and he has indicated that there will be more instances), am I legally required to accomodate him? Or if he can't make it to a Friday exchange and I have something planned on Sat can I deny meeting him halfway? I can usually bring my daughter with me to whatever I plan. I'd be willing to let him come all the way to wherever I'm at to get her or allow him to cancel his visitation that weekend. If he gives me more notice I would be more willing to accomodate. OR he can do like many working parents and get a sitter sat morning. It seems like he has so many more options outside requiring me to change my plans at the drop of a hat to accomodate him?
Re: Could Someone Help Clarify a Custody Order for Me
If he is not at the exchange point as directed, the standard parenting plan rules apply unless there are rules in your specific plan that would supersede the standard plan. I know some counties in Ohio have very strict limits of how long you must wait for the other party to pick up the child.
You are required to comply with the plan. Nothing more, nothing less.
The next time he says he won't be picking up the child at the meeting place on Friday I would simply ask;
are you forgoing your entire weekend or are you going to come pick up [little susie] sometime during the weekend?
Re: Could Someone Help Clarify a Custody Order for Me
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jk
If he is not at the exchange point as directed, the standard parenting plan rules apply unless there are rules in your specific plan that would supersede the standard plan. I know some counties in Ohio have very strict limits of how long you must wait for the other party to pick up the child.
You are required to comply with the plan. Nothing more, nothing less.
The next time he says he won't be picking up the child at the meeting place on Friday I would simply ask;
are you forgoing your entire weekend or are you going to come pick up [little susie] sometime during the weekend?
Thank you. That's what I was hoping would be the case. I wasn't sure if the absence of wording in my specific agreement to meant I had to be available to meet him halfway at any point during his specified time, or just at the designated times :)
Re: Could Someone Help Clarify a Custody Order for Me
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1singlemom
Thank you. That's what I was hoping would be the case. I wasn't sure if the absence of wording in my specific agreement to meant I had to be available to meet him halfway at any point during his specified time, or just at the designated times :)
I would make the wording just a tad clearer. Are you forgoing your entire weekend or are you going to come to pick up little Susie sometime during the weekend? I do have plans that I cannot change and therefore you will need to call me right before you arrive so that I can tell you where I will be and give you directions if needed.
Re: Could Someone Help Clarify a Custody Order for Me
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llworking
I would make the wording just a tad clearer. Are you forgoing your entire weekend or are you going to come to pick up little Susie sometime during the weekend? I do have plans that I cannot change and therefore you will need to call me right before you arrive so that I can tell you where I will be and give you directions if needed.
Yes, I like the wording of that. Thank you :)