Custody orders typically outline a general breakdown of parenting time. Parents may have the right to a certain percentage of overnight stays with their children each year. The custody order may also grant them access on specific holidays and birthdays. Usually, parents follow the terms of a custody order carefully. However, sometimes issues arise that interfere with an established schedule for parenting.
When does the parent who loses time with their children have the right to request to make up parenting sessions?
When the other parent cooperates
Occasionally, a parent may have to cancel their own time with the children due to work obligations or other scheduling conflicts. In such scenarios, the parent who cannot be present with the children largely relies on the cooperation of the other parent to reschedule the time that they missed.
When the other parent cancels
Sometimes, illness, school issues or even playdates might interfere with scheduled parenting time. If one parent cancels the other’s time with the children due to challenging circumstances, they generally need to offer an opportunity to schedule an equivalent amount of time with the children to make up for the lost time.
When one parent cancels the other’s parenting sessions and refuses to grant makeup parenting time, then the matter may need to go before a judge. A judge can enforce a custody order by awarding makeup parenting time. They can also agree to modify a custody order when one parent has demonstrated an unwillingness to follow the order.
Seeking a custody modification can be helpful in cases where one parent does not follow their order consistently. Parents trying to enforce their rights may require support as they document their circumstances and navigate the family law courts, and that’s okay.