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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10289
Experience:  Experienced Family Law Attorney
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I have legal joint custody of my son. I have him 3days and

Customer Question

I have legal joint custody of my son. I have him 3days and 2 hours a week. We are supposed to stick to the joint custody schedule. The day after we signed the paper's last month she took off to peru for 2 weeks and Colorado for 4 day's. I had my son most of the time. This week she is going tour to sell rock T-shirts. She is leaving sometime this week, she said she will know the day of. She will be gone for a month- month and a half. She will be back around the first of june. I will have my son during that time. My son's mother is expecting to have make up time for the day's she is gone. Which will mean that she will have him most of the summer. Is it legal in a joint custody agreement for a parent to get make up time?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
The court order as entered by the court is binding on both parents. That means that the parent who chooses not to exercise parenting time essentially forfeits it, unless the court order specifically states another provision- for example, it may state that in the event the parent with parenting time needs to cancel for X reason (generally work related, for example), then parent is entitled to receive additional parenting time during a specified period (ie summer).But just because one parent arbitrarily chooses to alter the court order does not entitle that parent the ability to dictate the terms of any make up provision.In fact, if a parent regularly fails to exercise parenting time, that can be the basis for a modification- because the court does expect their orders to be followed, absent stipulation/court order to the contrary.Additionally please note that any stipulations are not effective unless they are incorporated into a court order; basically even the parties, if mutually consenting, cannot change the court order; the judge needs to sign off on it for it to have full legal effect. Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.