I have sole custody of my kids and my ex is given visitation on Tuesdays, Thursdays, and every other weekend. But she recently took a new job that causes her to miss her time during the week.
Does that time have to be made up?
I am not licensed to practice in your state and cannot provide you legal advice. However, I can give general tips regarding your situation based on the jurisdiction where I practice.
The terms set forth in the decree and visitation schedule remain enforceable until modified by the court or by agreement of the parties. You, as the custodial parent, do not have to agree to allow the non-custodial parent “make-up” time due to missed visitation as long it is not required in the decree or visitation schedule.
If there is nothing in the decree setting forth making up parenting time, then your ex-spouse will not be able to enforce any requests for make-up time through a motion to enforce visitation since your spouse chose to take on a new job with a different schedule.
Your ex-spouse may choose file a motion to modify visitation with the court so long as her current work schedule is different from the time the decree or last order modifying visitation was entered. This is because she must show that there has been a change of circumstances since the decree was entered in order to request a modification of visitation schedule.
This, of course, will re-open the litigation in a post-decree proceeding. If you and your ex-spouse get along reasonably well, then the parties can agree to deviate from the visitation schedule set forth in the decree. If you choose to deviate, make sure you and your ex-spouse sign a written agreement setting forth the amended visitation schedule.
If you have any questions regarding a post-decree proceeding or help modifying your visitation schedule, contact a divorce attorney in your area.