jeudi 29 septembre 2016

Custody and Visitation Issues: What to Do when a Parent is Unwilling to Change Parenting Plan

My question involves a child custody case from the State of: Florida

My Parenting Plan states:

Quote:

Schedule Changes:

A parent making a request for a schedule change will make the request as soon as possible, but in any event, except in case of emergencies, no less than 48 hrs before the change is to occur.
Quote:

Other Matters:

The parties shall be flexible in consideration of requested changes in timesharing.
There is no other language in the plan in regards to make up time.

Q1: If one parent cannot provide the 48 hr advance notice due to an emergency situation, and requests a schedule change in less than 48 hrs, does that mean said parent cannot recuperate the lost parenting time if the other parent doesn't want to offer make up time?

Q2: If one parent does not provide the 48 hr advance notice due to a non-emergency situation such as an unanticipated work commitment, is that parent in contempt of the court order?

Further under "Other Matters", the plan states:

Quote:

If either parent relocates more than 10 miles from each parent's respective current residence, the parents shall revisit the transportation logistics and cost.
Q3. I currently live 3.8 miles away from Mom. I perform and absorb the cost of all transportation for my time sharing with our daughter. I will be relocating 16.6 miles away. Mom is unwilling to change any of the currently established transportation arrangements in the plan. She does not want to drive our child either way. Can my relocation be considered a " substantial, material, and unanticipated change in circumstances " in order to petition the court for a supplemental modification of the parenting plan, or is mom in contempt of the court order?


Custody and Visitation Issues: What to Do when a Parent is Unwilling to Change Parenting Plan

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