Who Takes The Kids If You Can’t Make Your Scheduled Parenting Time?

Omaha Nebraska Divorce LawyerQuestion:

The non-custodial parent cannot make their scheduled weekend parenting time due to last-minute complications.

Who is responsible for the children if the custodial parent has made plans to be out of town during the weekend the non-custodial parent is now unable to exercise scheduled visitation?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.

I would expect that the non-custodial parent is responsible to make alternate plans for the children if they are not able to exercise their court-ordered parenting time.

Many parenting plans have a “right of first refusal” included, which means that if the parent exercising their parenting time cannot be with the children, then the other parent gets the first option to care for the kids.

But this does not mean that the other parent (in this case, the custodial parent) has to care for the kids during their non-parenting time.

Parenting time is not awarded to either parent only to be used when it is convenient, and the custodial parent should be free to make plans during their non-parenting time.

The non-custodial parent should exhaust all avenues, such as family members, to find alternate care for the children as it their responsibility to provide care for the children during their parenting time.

Hopefully, the parents will be able to work together to find a compromise for the sake of the children.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Nancy Shannon, contact Cordell & Cordell.

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