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  • 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?

  • #2
    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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    • #3
      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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      • #4
        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.


        Sent from my iPhone using Tapatalk

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        • #5
          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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          • #6
            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.


            Sent from my iPhone using Tapatalk

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            • #7
              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, 10:38 AM.

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              • #8
                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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                • #9
                  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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                  • #10
                    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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                    • #11
                      You really need to consider how you expect him to effectively parent, co-parent and be an active equal parent in this time if you are removing him from regular contact and participation in the child's every day life.

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                      • #12
                        And when youre considering switch of holidays, consider traditions and how you will prevent them from interfering in time of access. For instance if you have three years in a row that child is with you, kid will not want to give up holiday "traditions" with you to go back to the schedule with dad. By doing the even/odd years method you will have a better chance of kid wanting to follow the schedule in the future. Its not fair to deny a holiday for several years.

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                        • #13
                          I thought I am sacrificing my time with the child through Easter, for example. I understand that I am losing my family time with the child but when there are no other windows to return access and only long-weekends left, it might be the option, I would like to give 50/50 but it might not be enough and I will have to offer 2 out of 3 years to father. It is 50/50 now.

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                          • #14
                            Blinkandiamgone

                            What would you suggest with 4 hour drive relocation. Please, don’t suggest to not pursue it. In case I pursue, what would you suggest so father can have active participation. Obviously phone and skype will be unlimited. Physical contact, it is realistic to offer 2 weekends and I tend to offer one weekend I drive and take back the child, the other weekend father comes and stay in hotels for which I pay (and gas as well) and spend a weekend with child in town. Maybe hotels are not very comfy but they can go to indoor playground or do homework in the hotel, in good weather take walks in the parks.

                            Actually, considering father is flex with job, he could come and pick him up right after school on Friday, not at 9 pm. I think it is not so good for child to be on the road twice a month. To provide 3 out of 4 weekends per month is hard and not very realistic. I am obviously willing to give up most of holidays with child and give them to father.

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                            • #15
                              Originally posted by Tatyana K View Post
                              It is 50/50 now.
                              What? I'm so confused.

                              1. He will be successful in reducing CS. You will move to offset.

                              2. You won't be relocating.. not with the child anyways.

                              Comment

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