For many parents, the possibility of losing time with their children is the biggest issue they face during a divorce or non-marital split. The allocation of parental rights and responsibilities may include a percentage of overnight time and even arrangements for afternoon visitation in some cases.
Parents who consistently follow the custody order can minimize conflict and keep their lives, as well as their relationships with their children, stable. Cancellations can interfere with that connection and stability.
When do parents have the right to request additional parenting time to make up for time lost?
Who canceled the parenting session?
Ideally, parents can work cooperatively with one another to address any lost parenting time. If one parent has an unexpected work trip, they might ask the other to work with them to accommodate their last-minute schedule adjustment.
If parents cannot reach an amicable arrangement regarding makeup parenting time, then the courts can award makeup parenting time as necessary to uphold the established custody order. If one parent makes decisions that diminish the parenting time of the other, they generally have an obligation to offer a similar amount of makeup parenting time.
A judge can order makeup parenting time as a means of resolving disputes about an existing custody order. In situations where parents may need to cancel their own time due to work obligations, illness or other unexpected demands, they may not be able to request court intervention while seeking makeup parenting time.
Documenting canceled sessions and discussing the situation with an attorney can help parents to make informed decisions. Child custody matters can be highly emotional and often require the neutral, grounded insight of an attorney for parents to effectively assert their rights.