My ex, who is the non-custodial parent, missed her Spring Break parenting time due to “financial hardship.”
She has now requested that the missed week be made up by adding a week to her summer parenting time schedule. However, as the custodial parent I think we should keep the original schedule set forth by the court order.
Could a non-custodial parent be awarded additional parenting time if they missed their scheduled visitation because of their own doing?
The visitation remains enforceable as set forth in the decree and the custodial parent does not need to allow the non-custodial parent an additional week in the summer if that is not what is set forth in the visitation schedule.
If there is nothing in the visitation schedule setting forth making up parenting time, the non-custodial parent will not be able to enforce the request for the additional week in the summer. The non-custodial parent would have no basis for a Motion to Enforce Visitation because the non-custodial parent is the one who did not keep the original schedule.
The non-custodial parent would also have no basis for a Motion to Modify Visitation as the standard for such a modification is change in circumstances and the non-custodial parent’s temporary financial hardship is not a sufficient change in circumstances.
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Katherine V. Lewis is an Associate Attorney in the Tulsa, Oklahoma office of Cordell & Cordell where she practices family law exclusively with a focus on men’s divorce. Ms. Lewis is licensed in the state of Oklahoma. Ms. Lewis received her Bachelor of Arts degree in Psychology and a minor in history from the University of Oklahoma. She then continued her education to receive her Juris Doctor from the University of Oklahoma College of Law.