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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 11-06-2016, 07:31 PM
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Default re-calculation of time for access

Hi all,

does anyone know if there is some standard way on how access time is would be converted into hourly measurements in situation where format of access is changed to long-distance.
Let's say father has a child from Friday after school to Monday morning starting of school. It has to be changed to from Friday 9 pm to Sunday 8 p.m. those hours lost for overnight and morning, is there a standard way to calculated them. Let's say, child goes to bed at 9:30 pm and wakes up at 7:30 a.m. everything that is left in between, when child is not asleep, is that time lost that should be given back to the other parent somehow?


Also, during vacation, is there a standard calculation for hours spent per day or it depends on child's personal schedule. I mean is there a table in family law stating child of 7 years old on average is awake for certain amount of hours per day and this is considered time spent with parent. Or judge will look at what parents say about their our own child, and if he is awake from 7:30 am to 9:30 pm, it is considered that child spends 14 hours on vacation day with the parent?
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Old 11-06-2016, 08:32 PM
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The child is considered to be with the parent they're with whether they're awake or asleep. Where exactly is it you would like it to be determined the child IS when they are sleeping??
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Old 11-06-2016, 09:33 PM
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Let's say father had a child from Friday 3:30 pm to Monday 9 am and then access changed to Friday 9 pm to Sunday 8 pm. Mother needs to return lost hours in form of Summer vacations. Do I calculate it right: hours lost if consider that child goes to bed at 9:30 pm and wakes up at 7:30 am are the following (Friday =4.5 awake hours, Sunday 1.5 hour awake hours, Sunday 10 hours of sleep (night from Sunday to Monday) and 1.5 awake hours for Monday morning) are these hours calculated as lost correct?

I am just not sure if my calculation is similar to how judge would determine it?
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Old 11-06-2016, 10:11 PM
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Default re-calculation of time for access

The judge will add up all the hours that the child is with one parent in one year (365 days)

If one parent has the child for at least 40% of the time, then the court will consider an offset in child support

Doesn't matter if the child is sleeping, awake, at daycare, or in school. If it's your parenting time, then you get the hours to your credit.


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Old 11-06-2016, 10:22 PM
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ok, but if I need to figure out how much I need to return back because of relocation, should I return amount of hours in the same proportion awake/asleep? It makes sense to me, I mean if I owe to the other parent 100 awake hours and 50 asleep, he will probably prefer back 100 awake hours and 50 asleep rather than 80 awake and 70 asleep?
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Old 11-06-2016, 10:35 PM
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For the change from Friday 3:30 pm to 9 PM you're taking 5.5 hours awake time.

For the change from Monday 9am to Sunday 8 pm you're taking 10 hours sleep time and additional 3 hours awake time.

So you're taking 8.5 hours awake time and 10 hours sleep time every other week.

If you're sharing the summer and Christmas and March break, etc and he has child for 20 weeks with this schedule , then you give him 170 hours of awake time and 200 hours of sleep time. Total of 370 hours.

If you give him two extra week in summer that's 98 hours awake time and 70 hours sleep time.

That's 196 awake time and 140 sleep time. That's 336 total time.


You're still 34 hours short. He's actually getting more awake time than sleep time.

I really don't think the judge is going to get into this whole awake and sleep hours nonsense to be honest. It's childish.


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Old 11-07-2016, 10:29 AM
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Don't count your eggs before they hatch.

The judge will want to weigh the best interests of the child before looking at hours.

1. Dad's here with money, flexibility and family for child.
2. Kid in sports, school, activities
3. Kid has grandparents, buddies, etc.
4. Already order in place.
5. You said kid is currently thriving.
6. Dad's been seeking more parenting time and decision making. You've refused the child the right...

Instead focusing on his wallet, potential hidden funds and your new boyfriend. Your child has roots in the current community.......don't worry about calculating hours when you move .... worry about your case to move....because it's not a good one.

Get ready for dad to cross motion for custody.....and probably do very well given your stubbornness on relocating.

Last edited by LovingFather32; 11-07-2016 at 10:38 AM.
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Old 11-07-2016, 12:00 PM
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There is no standard.

That said, most common measurement is "overnights". So, count the number of overnights Dad has now, and make sure he gets the same number of overnights after you move.

It is actually a fairly easy calculation.
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Old 11-07-2016, 02:30 PM
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Quote:
Originally Posted by Janus View Post
There is no standard.

That said, most common measurement is "overnights". So, count the number of overnights Dad has now, and make sure he gets the same number of overnights after you move.

It is actually a fairly easy calculation.
I agree... you are making this way more complicated than it has to be. If he is losing Wednesday overnights and Monday overnights every other week, that is around a month of lost time with the child (a little more actually). Which is why many posters have told you if you want to move, be prepared to give him most, if not all of the summer vacation. You basically have to calculate all the access he has now (including school holidays, missed PA days, etc) and then calculate what he would be missing. Those are the amount of days you "owe" him.
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Old 11-07-2016, 02:36 PM
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Thanks, yes I think of offering to give most of summer, maybe leave 1 or 2 weeks for me, now he has only two weeks in summer. also, ready to give most of long weekends. of maybe rotating that he gets 2 out of 3 long-weekends, two years in a row Easter, than third years Easter is mine... I have to calculate more accurately to make sure it is all returned.
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