divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

ADVERTISING PARTNERS


Answers
You can search for Answers by tag here:

Invite Others
Invite friends and family to join you on d360! - Click here
where do I start
Our checklists are a great place to start. Or, get a quick review of your state's divorce laws with our Legal Cheat Sheet.
  Posted to group - Legal Answers    <<Previous    Next>>

Custody of Kids during school week/year

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!


by Sunflower2   294 Posts 
Posted on 6/6/2009 11:55 AM
Get AlertsGet Alerts!
Sent to Friendsend to friend
Michigan legal questions on divorce360.com
0

Tags: custody , school year , school week ,
schedules , routine


Answers for "Custody of Kids during school week/year"  (3) (You must be logged in to answer)




Sun, you need to talk to your attorney.  If your attorney is competent and has experience, s/he will be the best person to advise you in this situation.  If you don't like what he has presented, you need to come up with an alternate plan.  and remember, judges don't care about inconvenience or feelings.  They would rather have you two work it out than be forced to make a decision, because no decision is ever fair.
by Iam   474 Posts
Posted on 6/7/2009 11:34 AM
0





And he wants what's best for himself. So I suppose we are both feeling selfish at the moment.

He will get the kids for two weekends per month along with all of the other time during the week. I'm not completely disagreeable to him having the kids during the school week, one night per week, but three nights? I get that kids are resiliant. I'm not trying to 'keep' the kids from their father because I'm angry at him, disgusted with him, tyring to get back at him for divorcing me, etc. I know this person. He runs on his own clock & is a disorganized mess. It hasn't changed in 12 years & I don't see it changing now. I suppose I'm anticipating a heap of trouble and maybe that's not right. But past performance generally indicates future performance.

In regard to his current position & the crazy work schedule it brings, he has the option of testing for a higher ranking position which would give him a regular Mon-Fri schedule. But he won't do it.

I have a friend who currently shares week on/week off custody of her son with the father. However, when the son starts school he will be with his mother during the school week. And I don't feel she's trying to 'keep' her son away from his father.

I guess I feel stuck between a rock & a hard place. Again, do I just suck it up & go with the flow & if it doesn't work, go back to court and fight about then?
by Sunflower2   294 Posts
Posted on 6/6/2009 4:42 PM
0





I can understand how you feel the way you do.  It sounds like its more about how you feel vs. the children being with their father.  I spoke with an ATT operator yesterday and she has 3 small children and does not receive child support nor does their father see them on "sometime" basis.

I have a daughter and since my separation a year ago now divorce this year, my dau's dad has had her overnight 2 times and one extended stay for 2.5 weeks.

You are blessed that he wants to spend any time with the young children on his off days.  I'd think more about the kids.  It may take some time getting use to it but at least they are with their dad and kills have that bounce-back gene.

What would your alternative be?  Not allow him to have them?
by Ladytoni   43 Posts
Posted on 6/6/2009 1:09 PM
0







Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.

 
divorce Community::
popular blogs
Be Careful What You Write on the Memo Line....
Another tale from the Spaz client files....   So, I have a...read more 

Forced meeting for my daughter
I have not posted for a while, things have been going rather smoothly....until...read more 

Did I go to far tonight? (Huge argument 'stupid' with my wife)
It’s a stupid question to ask. I know (think) I went to far tonight and it’s...read more 

get/give answers

Financial Mediation tomorrow.. waste of time???
So I have another mediation appointment that was ordered by the court with my...Read Answers/share yours 

Legal responsibilites to enforce visitation?
My 17 year old son refuses to go to visit his father. He has valid reasons, but...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 

expand information center
divorce360.com's ecards
divorce focused content ::
divorce most popular ::
1. When Is a Marriage Worth Saving?
10 Things to Think About When Considering Whether to Stick with a Relationship

2. 8 Things No One Ever Tells You about Divorce
Number Three May Surprise You

3. Divorcing? 15 Costly Financial Mistakes
Settlements: 15 Critical Financial Mistakes Often Made in the Heat of Divorce

4. Beginning Checklist: Planning to File for Divorce
12 Steps to Consider if You or Your Partner Have Decided to File for Divorce

5. Are You Ready For Divorce?
Three Key Questions You Must Ask Yourself