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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-18-2017, 11:13 AM
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Default Help with time

Hi All,

I have a question about who gets time allocated to them.

My ex and I have 50/50 placement (The order says she has custody with 10 pages pretty much taking away all her rights to make any decisions) and I pay offset child support. I have the kids every Thursday-Sunday except 1 weekend a month and 1 weekend, I keep the kids until Monday at school. We settled this in January. My ex however now wants to return to work (After 10 years on welfare, I am all for this!) but wants to change the schedule to help so she doesn't need child care (I work nights so I am home during the day)

She wants to change it to me getting the kids from school (around 4:00) and then keeping them until 7 every day after school. In exchange she wants to change back to every other weekend. (I would keep my Thursday overnights). My question is, if she is bringing them to school Monday-Thursday and I am picking them up Monday-Friday and bring them to school on Fridays, who does the time at school get allocated to? I have always had Fridays allocated to me because it states that if the children are not at school on a Friday, I am to get them.

My ex is extremely manipulative and she was very upset that i got equal time with the kids so I am worried she is just trying to change the status quo in her favor and go back to court to up the child support again. I want to make sure that we still get equal time but I am very excited of the possibility of seeing my kids everyday and getting to have dinner with them so much!
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Old 09-18-2017, 11:21 AM
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Quote:
Originally Posted by freckles1234 View Post
I have a question about who gets time allocated to them.
You are not going to like this answer.

There is no rule for allocating time. Judges essentially make it up on the spot. It can be by overnights, it can be by hours. School hours can be split between parents or they can be allocated to a single parent (usually the lower income earner).

In terms of school, if the kids were sick, who would be responsible for picking them up? If you would be responsible, make that explicit in your new agreement.

"Father is responsible for school related emergencies from 9am-4am."

Then the school time is clearly yours. Tada!
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Old 09-18-2017, 11:27 AM
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See thats the thing, we aren't planning on going back to court to make the agreement official but I worry if she claims status quo and you just verified my worries that it could go to her although if she is working, I would be the one to have to get them since I am home.
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