The Collins Law Firm, P.C.
Schedule A Free Consultation Today Call: 757-818-9539

Can my ex make up for missed days in a custody agreement?

It’s normal for scheduling conflicts to arise every now and then. But, if your ex is habitually unable to follow through with the timelines specified in your custody agreement, you may begin to wonder why you have a settlement in the first place.

Here are your options when your ex asks to make up for missed parent time.

Deviating from the plan

In most cases, there is no legal obligation for you to allow your ex an opportunity to make up for a scheduled parenting time that he or she missed. Instead, it’s simply considered a loss for your ex, unless flexibility for this situation is explicitly addressed in your settlement agreement or judgment. However, while it is very rare, your ex may be able to request that the courts order make-up time in some situations.

Making exceptions

The courts make custody decisions with the assumption that it is your child’s best interests to see both parents as often as possible. Hence, if your ex needs to make a slight change to plans, such as picking up your child on Saturday morning instead of Friday night, you should consider allowing some flexibility.

Similarly, you should consider making an exception if the change is in your child’s best interest. For example, if your ex won tickets to a sporting event and wants to take your child, you should make an exception if the event is scheduled on one of your days. Being able to work with the other parent may also help yourself out in the future if you should ever have a scheduling conflict.

When changes need to be made

If your ex is proposing to make an indefinite change to your agreement or has continuously broken the agreement, it may be best to make changes to the formal custody agreement. The courts will not expect you to set your schedule based solely on the other parent’s and nor should your ex.

If the other parent got a new job, works a different shift or has made another large change in their lifestyle, your custody agreement should reflect this. There’s no reason that your ex’s parental rights should come before your own.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us For A Free Consultation Today!

To arrange a free initial consultation with our experienced Virginia lawyers, contact The Collins Law Firm, P.C., at 757-818-9539. You may also complete our online form, and we will be in touch with you shortly.

Contact Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Collins Law Firm, P.C. Call Today: 757-818-9539 Fax: 757-483-6684

Portsmouth, VA
5709 Churchland Blvd., Suite A
Portsmouth, VA 23703

Get More Info

Chesapeake, VA
(by appointment only)
828 Greenbrier Parkway
Ste 210
Chesapeake, VA 23320

Get More Info

Emporia, VA
(by appointment only)
155 Spring Street
Emporia, VA 23847

GET MORE INFO

Virginia Beach, VA
(by appointment only)
701 Independence Circle
Ste 202
Virginia Beach, VA 23455

Get More Info