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Main Forums => Visitation Issues => Topic started by: BeKind on Nov 30, 2012, 09:49:27 AM

Title: Make up days for being sick
Post by: BeKind on Nov 30, 2012, 09:49:27 AM
Our CO states:
It is further ordered, adjudged and decreed that in the event any scheduled custody time cannot be kept due to illness or an emergency involving the child and/or the parent, the parent unable to comply with the custody schedule will notify the other parent and child as soon as possible. In the event the time-shared arrangement cannot be kept due to the illness or other unavailability of the child, the receiving parent shall be entitled to comparable time within thirty (30) days after the occurrence of such missed time with the child.

Situation:
I was sick with strep throat for 4 days. Due to the Thanksgiving holiday, I had my son extra time as is per our CO. So now we are down to only one week that is available for me to use for my make up days within my 30 days. I have offered to take them connecting to my next week with our son, rather than connecting to the Thanksgiving break that I have already had him so as to not keep him from his dad for 2 straight weeks, and even offered to allow his dad to pick him up for 2 hours to take him to dinner one day so it wouldn't be so long without seeing him. My ex, however, is arguing that I do not get to choose what days I take our son. He wants me to break it up and basically go every other day back and forth. If he weren't in school (Kindergarten), I really wouldn't have an issue, but we have a hard enough time trying to keep track of everything back and forth as it is with school. Can anyone tell me if he gets to choose when the make up days are or do I? I gave him two options and told him he could choose which would be more convenient in trying to appease his arguments. Just trying to prepare for the legal response if he continues to argue.

Also, I haven't been around in quite some time, so I'll have to do an update on here fairly soon! So much has changed over just the last few months, and I just want to say how grateful I am to everyone who has answered my questions and given advice in the past.
Title: Re: Make up days for being sick
Post by: tigger on Nov 30, 2012, 11:38:15 AM
It says comparable time. So was the time missed consecutive?  If so, I'd say comparable would be consecutive. 
Title: Re: Make up days for being sick
Post by: MixedBag on Dec 03, 2012, 03:43:40 AM
It also depends on some of the wording in the rest of the decree.

I say you missed, you choose....   but I was also thinking connecting days in front of and behind your weekends?   But maybe not all in one chunk.
Title: Re: Make up days for being sick
Post by: BeKind on Dec 05, 2012, 09:48:36 AM
Yes the missed days were consecutive.

Also, MixedBag, we are a week on, week off basis, so I was just connecting to the beginning or end of my already existing week.
Title: Re: Make up days for being sick
Post by: MixedBag on Dec 06, 2012, 12:06:06 PM
What about adding a day for the next "four weeks" to make up for four days?