Custody Order/Visitation Question


#1

I have had my Child Custody Court Order in effect since January 2006. We share custody with approximately 1/3 of the time with dad and 2/3 with me. Each quarter for 6 years I prepared the visitation calendar for their dad. The order basically says if we cannot agree on a calendar, he minimally gets (A) alternating weekends (Friday-Sunday, 3 evenings), (B)additional 4 days during the school month (second Monday-Thursday), ©alternating weeks during the summer after school ends Friday 6pm-Friday . Then the other holidays: (D)Easter alternating years (E)Thanksgiving school holiday alternating years (F)Christmas Day alternating years (G)Mother’s Day/Father’s Day alternating years. I always thought it was pretty clear cut. When we negotiated, I didn’t want to give him the additional 4 days during the school month, as I was the primary caregiver to the kids. I preferred a more stable environment. Regardless, I gave more than what I was comfortable. I now regret that decision as he shuffles the kids between counties.

Now dad demands he should get 145 days a year per child because that was the figure used in the child support calculations. No where does it state he should have a minimum of 145 days in the order. We used that number in the event he might need to care for them while I was travelling, which I don’t anymore. He has sent me an email stating he intends to take them outside of the time specified in the order and dares me to do something about it. What can I do immediately?


#2

He is only entitled to the time outlined in the order. He may seek a modification of the custody order for more time, and he may also seek a modification of the child support order if he’s overpaying.