I sometimes have to miss my scheduled visitation days because of my work schedule.
I have offered to exercise parenting time on alternative days when I am available, but my ex-wife refuses and wants me to pay for childcare on those days when I cannot make my parenting time.
Am I responsible for providing care for my children during my normal visitation time when I am unavailable due to work?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child custody laws where I am licensed to practice.
Where I practice, visitation is a right, not a requirement.
Therefore, if you do not exercise all of your court-ordered visitation there are no penalties, except that if the custodial parent files for a child support modification the court may take into account a non-custodial parent’s failure to exercise visitation. However, a judge should see your non-use of visitation due to work reasonable.
Unless you are under a court order to pay childcare expenses due to your inability to exercise court ordered visitation, then you should not be required to pay for the childcare.
Further, the court will favor the fact that you are attempting to alleviate the situation by offering to take the children on alternative days.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.