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Do i have to give my daughters father make up time?

Babylon, NY |

My daughters father has been asking to switch his court ordered days because of eork. the last few weeks and have changed my plans several times to accomodate him. Again he said his boss didnt give him his visitation days off and asked to make up time for four days in a row I told him we have plans that i did not want to change. He told me i have to make up his hours for the week no matter what. Is this true? I have sole custody and he has visitation days both court ordered.

Attorney Answers 5


  1. Best answer

    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.

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  2. 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.
    Best Regards,
    Morghan Leia Richardson, Esq.
    Richardson Legal PLLC
    31-08 Broadway, Suite 204
    Astoria, New York 11106
    www.RichardsonLegalPLLC.com
    Tel: 212-537-6744
    Fax: 212-574-3337


  3. 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>


  4. 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.


  5. 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.

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