Custody orders often describe a specific breakdown of parenting time. Parents establish a schedule based on how much time each of them should have with the children. They then routinely exchange custody based on the overall division of parenting time and the schedule for special events, such as birthdays and holidays.
Both adults in the family have an obligation to consistently uphold the custody order to the best of their ability. However, some people struggle with the structure of an inflexible custody schedule. Certain parents even try to use their children as a weapon or a way to punish the other parent. They may look for ways to undermine shared custody arrangements and may withhold time with the children from the other parent.
Such scenarios can damage a parent-child bond and clearly violate the terms established in a custody order. In such cases, the parent who does not receive their scheduled time with the children may have a right to request makeup parenting time.
Cancellations can constitute custody violations
Occasionally, emergency scenarios arise that affect custody arrangements in unpredictable ways. For example, if one child falls ill or has detention at school, that unexpected situation could affect the schedule for parenting time.
If one parent fabricates weak excuses for canceling parenting sessions or constantly schedules appointments during the other parent’s time, there may be reason to suspect an intentional attempt to undermine the parenting arrangements. A parent who has not received their scheduled time with their children can request makeup parenting time.
Typically, if a parent cancels their own session due to having a migraine or working overtime, the ability to reschedule depends on the cooperation of the other parent. If one parent cancels the other’s time, they then have an obligation to arrange for makeup parenting time.
If they consistently shorten or cancel parenting sessions without allowing for makeup parenting time, the other parent could take the matter to family court. A judge has the authority to award makeup parenting time.
They can enforce the existing custody order or even modify the parenting schedule to account for one parent’s continued interference in the other’s time with the children. Parents generally benefit from being flexible with one another and cooperating when sudden adjustments are necessary. However, there is a difference between being cooperative and accepting overt violations of a court order.
If one parent refuses to uphold custody arrangements, the other may need to take legal action. Pursuing makeup parenting time can potentially help people to preserve their connection with their children and make use of their legal parental rights.