If we can't agree to custody schedule, does it automatically default to the standard parenting order in the divorce decree?

Asked over 1 year ago - Cincinnati, OH

My ex and I cannot agree on a custody schedule. We have joint custody of our son who is 7 years old. Within the divorce decree it states that if an agreement cannot be made, that the custody schedule will default to the standard parenting order that is stated in the decree. I have tried repeatedly to reach an agreement with my ex, but every time we agree to something she whittles the time down further and further. I've never had him for a holiday or been able to take him on vacation with me, even when he has expressed an interest to go. I am tired of not having time with my son. My requests have never been out of line- even less than what the standard parenting order is. She recently agreed to let him go on vacation but has now renegged because I wouldn't give up even more time with him.

Attorney answers (6)

  1. Deborah Zaccaro Hoffman

    Contributor Level 14


    Lawyers agree


    Answered . Yes. This is the exact reason that provision is there.

    For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.
  2. Amber Michelle Reams

    Contributor Level 12


    Lawyer agrees


    Answered . If she is being that difficult, it may be better for you to just go with the terms of the standard parenting order as it determines how holidays and school breaks should be split up.

  3. Martin Dennis Koop

    Contributor Level 10

    Answered . I agree with Ms. Hoffman and Ms. Reams. Furthermore. If she is whittling the time to below what is provided in the Decree, (and if you are not getting holidays or vacation time that suggests to me this may be the case but I can't tell from your question) then you may want to make sure you understand the process seeking to hold her in contempt. Local Court Rules may set out the procedure for requesting vacation time and holiday time and you should be careful that you are complying with these. A lawyer can insure you understand fully your rights and the local rules and the procedure for contempt, should your situation warrant it.

    You can reach Martin D. Koop at (419) 447-2521 or martinkoop@martinkoop.com. Martin Koop is an attorney licensed... more
  4. Tonya Shur VanBenschoten

    Contributor Level 9

    Answered . Yes, that is exactly why that provision is in there. Contact a local family law attorney if you are not being allowed the guideline "minimum" time.

    Responses provided are not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  5. William Joseph Reynolds

    Contributor Level 13

    Answered . When an arrangement different than the standard parenting order is made, there is almost always a provision where it would fall back to the standard schedule. If she won't even follow that, my recommendation would be that you document, document, document and then file a motion for contempt. If you do so, the court will order her to comply with the decree, whatever is there. You should definitely get in touch with a good family attorney in town.

    I hope that this information is helpful to you. If so, please mark it as "helpful" or "best answer." The... more
  6. Anne Harvey


    Contributor Level 9

    Answered . You need to hold her feet to the fire and present yourself for parenting time pursuant to the terms contained in your order. When she refuses, you file a contempt. You should also file for make up parenting time and request additional time.

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