Not unless the existing visitation order contemplates the situation where your daughter's father's work schedule is flexible and you are required to allow for rescheduling and "make up" time. I would expect that if the visitation order is silent on the need for "flexibility" because of the NCP's claimed work conflicts, if he misses scheduled visitation, tough noogies, there's no "make up" requirement.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
If the court order requires you to give him make up time, then you must. If he is having problems with the current schedule then perhaps you should either see a mediator or go back to court to modify the visitation so that it is workable for both of you.
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
Unfortunately for your daughter's father (but fortunately for you), he is entirely incorrect. If the court order states that make-up time is required then obviously you must abide by it. If the order is silent about make-up time, you have no obligation to provide any make-up time.
It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>
Are you REQUIRED to arrange make-up time? Not unless court-ordered to do so. However, let me explain why you WANT to be flexible and reasonable. Children are not old chairs to be moved back and forth on a schedule. They are human beings with feelings and preferences and needs. They come complete with an on-board compass, a sense of fairness about relationships with parents. They deserve to be allowed to freely love both and to have the ongoing contact that nurtures the relationship with both. The most loving thing a parent can do for a child is facilitate a healthy relationship with the other parent. Yes, facilitate. Because it is best for your child and because your child expects nothing less. Here is the long-range view: what is at stake is the future adult-adult relationship you will want to count on with your child. But a child who views one parent as interfering with their relationship with the other comes to adulthood with resentments and a deep-seated need to right that wrong. This is not the same as saying father has total control of the visitation schedule; it means his requests for alternate times due to his work schedule should not be unreasonably denied, nor should "other plans" suddenly occur that make his request inconvenient.
Best wishes for an outcome that honors your childs interests in a warm and loving relationship with both parents, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Unless the custody order indicates that you must give him make up days if he misses his parenting time for work related reasons, you do not have to accomodate his work schedule. I would recommend working with him, if you can otherwise, he always has the option of filing a modification petition to change his parenting days to accomodate his work schedule.