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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 38275
Experience:  30 years as a family law lawyer .
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Please take the question if you are able to give workable

Customer Question

Please take the question if you are able to give workable suggestions.***Ref: visitation schedule for 6 year old son. Mother moved with son to PA from FL earlier this year. I live in FL. Divorce in process.Hi,
Regarding parental visitation plan, my ex has a fulltime job which also involves some weekend work. On the other hand I am an independent consultant and get assignments for few to several weeks which many a times these are short notice i.e. I get presented work couple weeks in advance. I need suggestion/s as to what could be reasonable parenting plans/visitation schedule. She wants me to inform her 30 days in advance but sometimes I do not have my schedule for the next 30 days given short notice work (also all of my work takes me out of town). Someone suggested 30 days and then if does not work there could be a back-up schedule. I am still unclear as to what/how exactly the whole thing could be structured so that it is reasonable for both parties and takes into account my short notice work assignments, without getting penalized as I do have a right to earn my livelihood. I need a few suggestion about visitation plans suitable for the above scenario. Please take the question if you are able to give workable suggestions. Thanks.
Submitted: 3 months ago.
Category: Family Law
Expert:  RayAnswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 3 months ago.

Maybe the 30 days in advance.You retain the right to reschedule for work only and agree to notify her as soon as practical to facilitate continuity knowing that you the Petitioner/Defendant as consultant type employment and is subject to being given notice in under 30 days and will try to work to resolve this with the other party.

Something like this, if you want to add that you would notify her if any changes within 14 days of scheduled visits.

Customer: replied 3 months ago.
She is very un-coopertive person. I want this water tight. I was wondering then one will have to purchase tickets 14 days in advance or 30 days in advance. Perhaps, airlines such as southwest which do not penalize for cancellations. Should one include a clause that if changes less than 14 days Father will not be penalize if for work reasons.
When you say within 14 days of schedules visits do you mean 14 days before scheduled visit or even less than 14 days?
Say if my assignment is in CA that is too far for weekend visit, how do we include an alternate schedule to change visitation date.
Also is it reasonable to include that she brings the child to wherever my work assignment is at the time of scheduled visit?
Thanks. I will appreciate further help/details with this as I am struggling to figure out something that works.
Expert:  RayAnswers replied 3 months ago.

Definitely want to use SW and you can cancel and rebook without penalties.You get points for her too and every 7 or so flight is free.

I would try to set a deadline within the 30 days, Petioner/Respondent --whichever you are agrees to ensure that if there are any changes within 30 days requiring modification of visit to notify other parent no later than 14 days out.

Maybe something like this.. You can at least require her to put the kiddo on the airplane here and you pick up.You could ask that she come too if child cannot travel alone here.I know thats a potential issue you need to resolve.

Thanks for the follow up.

Customer: replied 3 months ago.
Is it reasonable to stipulate that she fly with child or send child as unaccompanied minor to airport other than my FL homebase if I happen to be on assignment out of town?
Secondly, if the assignment is on west coast, and the visitation has to be cancelled, how do we decide on alternate visit date?
Expert:  RayAnswers replied 3 months ago.

Yes to me it is , if she doesn't want to let child travel alone here.--cancellation--if you are unable to carry out the visitation due to unforeseen work commitments the parties agree to reschedule the visit as soon as practical by mutual agreement.