As some of you may already know, because I seem to talk about this issue in most of my questions/blogs here on this site, my children's father does not have a 'normal' work schedule. He does not work Mon-Fri 9-5. He works as a State Trooper, has the ability to change his shift every three months and can work an 8 hour day, 10 hour day, 12 hour day for a day shift or an afternoon shift (unless the higher-ups take away one shift and only leave 8 or 10 hour day, which they have done in the past). He has currently selected a 12 hour day shift for the next three months (beginning June 14th), the shift starts at 6:00am and ends at 6:00pm.
During our 'settlement conference' which was held Thursday afternoon, he revealed that he will now have an extra 3-4 nights off per month (surprise! I had no idea.) and expects to have the kids for those extra days (for the last 6 months he had them for only a maximum of 12 overnights per month). His days off change every week. He might have Mon-Weds. off one week, Tues-Thurs off next week, Fri-Sun off the following. He stated his intention is to pick the children up at 6:30pm so he can get in his 'three overnights' without having to return the children at 4:00am the day he returns to work. He also stated that he would prefer if he could pick the kids up at 7:00pm (hmmm ... is he anticipating maybe NOT getting out of work exactly on time??!!!) and with the 30 minutes leeway/wait-time he gets, he could concievably be in the right not to pick up the kids until 7:30 at night! Nevermind that the kids bedtime during the week is 7:00pm, and that if on the off chance he can manage to pick the kids up at 6:30 (seriously, I don't know of any cop that gets out of work exactly on time) it will be after their bedtime that he gets them back to his house. Currently I'm not terribly upset about the kids missing their bedtime one night a week during the summer, but the idea of that continually occuring during the school year makes my head want to explode. He assured both attorneys that he would keep his current schedule indefinately, apparently for the sake of children.
Our oldest child will be starting kindergarten this fall. He is enrolled in the school district where I live. His father does not live in the same school district but assured both attorneys he would drive our son to school. Except that when he is home with me he will be riding the bus. So now not only will he be bounced around during the school week from house to house, he will only be on the bus maybe two days per week. Does that sound like a consistant routine for a 5 year old? The bus route is what determines whether our child will be an am/pm kindergartener.
Both attorneys were in agreement and informed me that, because this 'parenting time' schedule is 'working' and has been 'working' since our separation (this 'working schedule' has changed every 3 months for the past 9 months, I don't know if I'd agree to the theory that it has been 'working') that a judge would most likely agree to keep the kids on the same schedule even during the course of the school-year. I was pretty floored to hear that. I guess I don't understand how he can keep changing his schedule, adding more nights but we can't alter or adjust it during the school-year to provide less chaos. Their schedule just has to be dictated but what their father chooses to do, there can be no middle ground. I can understand one overnight during the school-week, but three? The kids will be with their father more during the school week then with me - to me that doesn't make logical or logistical sense.
My attorney wants me to 'think about it' and I'm assuming be agreeable to it, because in his opinion I would lose that battle if the issue went before a judge.
I guess I don't know what to believe or what to do? Do I take my chances, hire a different attorney and present the issue before a judge? Do I suck it up and try to make it work? I'm in unbearable knots and before I agree or proceed need a sound dose of reality/advice.
Help!
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