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Custody/Visitation Schedule?

Anne Summers's picture

Hi All,

I was wondering if everyone could take the time to let me know what your current custody/vistation schedule is? Also how did you get to this current schedule---from divorce papers, mediation, dragging BM back to court, etc? Also what state was the court order done in? (I live in SC & we seem to be getting nowhere in court)

Currently my DH gets the following:
EOW during school time (SD in 1st grade)
2 Two-week periods over summer (notification to BM only)
Half Spring Break
Half Winter Break
Every other year for Thanksgiving day only (does NOT include Friday or weekend)
Plus some other holidays (every other year)---4th of July, MLK, Presidents & Labor
Every Father's day (day only)
Every DH Birthday (day only)
Every other SD birthday

Does this seem fair? My DH & the BM have been in and out of court since I moved in with my DH (May 2005, but married March 2005---another story). They have went to court-ordered mediation only to be told in court afterwards that mediation does not bear meaning when one party (the BM in this case) decides not to agree with mediation any longer.

I am trying to get a good idea of what is the "norm" in custody/visitation schedules.

Comments

missangie1978's picture

We have SS full-time so BM gets the following
EOW (during school time)
4 weeks in the summer (2 weeks in July & 2 weeks in August)
Half Winter Break
Every Other Year Spring Break
Every Other Year Thanksgiving
All the Holdidays that land on a Monday during the school year BM gets if it lands on her weekend if not we get them
Every Father's Day
Every SS Birthday if it lands on a school day

Anne Summers's picture

How did you end up getting SS full-time?

Mary Louise's picture

We have the kids 2 days a week and EOW and a court ordered rotating holiday schedule. You really get the shaft one year, but the next year it evens out.

There is no support ordered either way - each pays for their own daycare costs and each has the option to sign the kids up for extracurricular activities that fall on their custody days w/o consent of the other parent. They only have to share expenses on activities that fall on both of their time if they discuss and both agree to the activity. Expenses are split 60/40 b/c she makes so much more than him per year. Medical is split 60/40 after a certain amount is reached per year.

need2vent's picture

My ex has boys every Thursday and E/O weeekdn.
he gets the boys every Thanks giving.I get them every Christmas eve and Christma suntil about noon(My ex actaully still come sto my house to see boys open santa ,though they are way past beliveing) This was hard to do first eyar ,but when my oldest son cried out "dad, you're here" I knew by sucking up I ahd done the right things for my boys sake.

need2vent's picture

We also do moms day me every year, dad's day him, he alos gets 1 week christmas break and 2 weeks summer break.
Fortunately we work together for sake of kids for most part and if it is best for kids , we make allowances(examples.I have tickets to England for Thanksgiving, he wants them to go ofcourse, he has basketball tickets or wants to go kayaking at friends place he takes them during my time) WE work well enough together that it was not until I brought in my BF situation that I needed this website!
Also my ex has not dated anyone seriously, he is more into instant gratification ,if you know what I mean! LOL
I have final say in schools , religious influence, etc, but though tempted at times to throw this in his face , have never, I try to keep open communication and continue getting his input, though not always well thought out

Anne Summers's picture

I am so happy to see someone that can actually work thru things for the true sake of the kids. I do think it is a child's best interest to see both parents (unless of course one is an extremely bad influence---drugs, abuser, etc). It does give me some hope to see someone like you be able to work things thru. Smile

Anne Summers's picture

My DH is trying to get more visitation time with SD (has been since 2005). However the BM refuses to give him any more than what was originally ordered in early 2004 (when SD was 3 years old).

When my DH and I were going to have our wedding celebration in July 2005 (we were married in March 2005 but didn't have money for wedding until July) the BM slapped DH with court papers claiming he was a bad father! The BM requested that DH have supervised at BM's home when BM said DH could visit SD (BTW, visitations didn't include anyone else but BM, DH & SD). BM claimed that DH was not taking care of SD properly and that SD had a bad rash on SD's bottom. The judge advised everyone involved (DH, BM & lawyers) that DH was a good father and there was no evidence against DH. The judge came to this conclusion based on several things---one being an affadavit that BM had received from SD's school for BM's sake, but the affadavit stated that the BM had dropped the child off at school the day SD had rash NOT the father. BTW, one of the main things that was brought up in the first papers/court was that BM wanted the current CS (423.16) to be increased to nearly $800! This is the only item (CS) that BM continually brings up---it seems to be BM's number one priority.

Since 2005 (before 1st court papers) DH has been continually asking for more visitation (whether thru BM, lawyer, mediation or court). To date he has not received any LEGALLY BINDING court visitation. In first court appearance the judge ordered mediation. DH & the BM went to mediation and actually came to an agreement. However once BM's attorney advised her that CS would decrease (probably under $400) instead of increase (to the $800 BM wanted) BM stopped abiding by the mediation agreement. Now the court system says no one can even bring up mediation because it's not allowed according to the SC law?!?! Even though it was court mandated!

Mediation was as follows:
*1 overnight per week & EOW during school
*Entire Thanksgiving Break Holiday (alternating every year)
*Entire Spring Break (alternating every year)
*More time over Christmas --- actually seeing SD on Christmas Day & New Years every year! (alternates dates every year)
*Every other week over the summer
*Sharing SD on her birthday (each parent having at least 4 hours with her)
*Longer time to have child on parents birthdays & Mother/Father Days
*Plus any school holiday that coincided with any of our visitation we could have SD that time too.
*Instead of waiting til 5PM on Friday to pick SD up & having BM pickup Sunday at 5PM --- DH could pick SD up from school on Fridays & take SD back to school on Mondays (Mediator said this would be best because parents do not get along AT ALL!)
*This also up'd DH visitation time with SD including a whole lot more overnight visits (which IMO seems better for SD because less "tennis ball effect")

The major thing that the mediator tried to accomplish was that DH would never go more than about 7 days without seeing SD, but mostly only about 4 or 5 days. My DH was thrilled about that! The other thing the mediator wanted was to limit all communication between parents (only email) thus the mediator had no actual drop off/pick up between parents except holiday halfway points or summer weeks.

Unfortunately, my DH & I do not know what to do. Every lawyer we have been to seems to side with BM, sucks our money away & is very slow about getting anything done. The whole reason mediation agreement is not a binding court order is because of Lawyer #1 (We have had three to date!)

HELP!

missangie1978's picture

We got SS full-time only because BM got herself in yet another domestic violence situation and left the state. We told her that wasn't going to happen and she needed to sign over custody of SS to us or we'd drag her ass to court and hold up her move.

That was last November, since than she's married the guy she left the state from, moved back to our state, left the guy and is now in some program for single moms with her other 3 kids.

Anne Summers's picture

Sounds like BM doesn't have her act together. I can understand why you guys got custody. I'm glad you did. Smile

Wish we could get custody of SD because I think she would be better off with us and just visiting her BM.

SAR's picture

I need advice, and I don't know where to go to get it.

I regret I haven't learned all the code letters for things, so please bear with me. Here is the situation:

My 12-year-old soon-to-be stepson comes to our house every other weekend, and for the month of July. He also comes for most of the Christmas break. He lives 15 minutes away, and so this is not a cross-country type of thing. We see him a lot, and share holidays.

Last summer, we were told his four week visit would be the month of July. However, he asked to come for a few days on June 10th and then pulled a, "Surprise, mom is letting me stay all summer." The visitation ended up lasting from June 10th to August 12th. He went home several Fridays for the day because his mother has Fridays off, but essentially we had him all summer. Nobody asked if this was okay, and the mom is not to blame. We have found that the boy tells him mom he's talked to us and this is what we want, and then he tells us the same of her. After last summer, we agreed that he would no longer be "driving the visitation train" and that he and his ex would communicate. We sat him down and explained that this summer, it simply would not be possible for him to stay all summer for the following reasons:
1. I am a teacher, but this year, I am teaching summer school and will not be out of school until July 3rd.
2. My fiance is leaving on a church mission trip on June 22-29 and won't be home. I'll be working. There will be nobody to care for him short of sending him to my mother's, and she will already have my two youngest kids - 12, and 11.

We explained that he could come the month of July plus his regular weekends. We told him we were delaying our honeymoon until August 1 so that we would not interrupt his time with his dad.

He said he knew, he understood, and all was well. A week later, he called and asked if he could go on the mission trip with his dad. We worked it out so he could go. We told him he would come June 21st, stay the night and then go on the trip. This would extend his summer vacation by just over a week. He would be with his dad June 21 - Aug. 1. He was satisfied. For about 12 seconds.

Last weekend was his regular scheduled weekend, however, his step sister was getting married so we knew he would not be coming. The weekend prior to the wedding he called and said, "Since I will miss my weekend, could I come this weekend." We said yes. He came. The weekend of the wedding he called Sunday morning and asked since he missed his weekend, could he come Sunday afternoon and stay over night and go to work with his dad Monday and then go home? We said yes. (He is out of school for summer, my kids are not.) When he arrived Sunday afternoon he had a big suitcase and said, "Surprise. I am going to be with you this coming weekend to make up for missing the past weekend (WE'VE MADE IT UP THREE TIMES NOW) and since I'm already here and I'm coming back Friday, I'm just going to stay the whole week.

I said, "I am going for a walk." I'm surprised our town's tornado whistle didn't go off. I was that upset.

My fiance and I later talked and decided that once he is already here, sending him packing would be hurtful and traumatic. We agreed that the thing to do from here forward is to call ex wife and make all schedules through her. We agreed on this. He would go home Sunday afternoon and from there forward, it would be the adults making the rules. (Oh, I should mention we've had this talk about 56 times before.)

Today, I asked what time the child is going home on Sunday. My fiance said he didn't know. I said, "Could he please go home after church so we can have one afternoon alone." My ex only takes our kids every other Sunday for four hours. We have this set up so all five kids are not with us on that afternoon. This is the only time we get to be a couple alone!! My fiance then said, "Well, he doesn't want to go home. He wants to stay all of June."

After a heated argument, I walked out and went to work in a huff. He says this is his child, and he is part of him, and he should be allowed to be with us. I understand that, and I have been very, very accomodating; however, I am upset about the following:
1. The child makes the rules. My fiance would NEVER allow my kids to do that. He even says, "Who is driving this train?" when my kids do similar things. And yet, when his child do, he is simply "part of me" and "has the right to be here."

2. My fiance is self employed as a contractor. Because I am working through July 3rd, he is taking the kid to work every single day. I think taking him along now and again is a treat; doing it everyday is unprofessional and is not good for his business.

3. He has not been paid for several jobs. People have ho hummed around. Those who are self employed will understand what I mean. There are cash flow issues at time. Therefore, I am currently paying ALL the bills and have had to keep my kids from doing some things they wanted to do because money is tight. And now, we are paying support to his ex and feeding the child a whole extra month, too. I have NEVER balked at paying support and believe he should do this. I have NEVER said this about the month of July. I plan on that. But I guess I'm having some issues with resentment over denying my kids things and then having the child come.

4. My fiance's ex married a very wealthy man. Because my fiance's oldest son is grown and gone, this child is for the most part an only child living in a brand new mansion with every amenity a kid could want. He owns a wet suit (in Iowa) so he doesn't get cold on his jet ski. He is spoiled rotten. He won't eat mac and cheese. It has to be macaroni cooked with cheese sauce made - homemade. He hates bologne and hot dogs. He wants steak and he wants to eat out. He does not understand that we are a family of six (seven with him) living on 34,000 a year!! When he doesn't like what we have to eat, he calls his mother at work and has her pick him up and take him out lunch. This makes the other four kids NUTS! They don't think it's fair, and the child tends to rub their nose in it. He also makes comments like, "Gosh, I'm glad my mom doesn't make me wear jeans from Old Navy. How embarrassing." He won't wear anything that doesn't come from Abercrombie and Fitch.

5. He won't do chores. When chore time rolls around, he calls his mom to come get him. My fiance talks to him about this, but it never changes. He says, "Okay, okay, okay." And then leaves again the next time. My ex feels he has had these materialistic qualities so engrained in him that he will never change. I say that means we have to work even harder to show him a different way and teach him humility, but I think my fiance just doesn't want to fight that battle.

6. I end up feeling like a prisoner in my own house (which I have paid for all on my own. He has never made one payment or helped with a payment - even after he moved in.) My rules don't matter. The adults are no longer in control.

Am I horrible to be this upset?? I have seen a counselor. He said we were right not to send the child home when he "surprised" us on Sunday, but that from here forward, when he calls and proposes something, no matter what it is, that we say, "Well, I will call your mother and we will discuss it." The counselor said when the child calls and my fiance presents to me what he wants, I should say, "Do you want to call his mother, or should I?"

I tried that, but it doesn't work. He calls her, and then the kid just changes him mind later and calls her on his cell phone and tells her he's changed his plans. Then he tells us, I called my mom and she says I can stay.

What do I do? Seriously, I feel horrible for being mad but I can't take this anymore.

smurfy1smile's picture

My ex had our BD7 EOW, every other holiday - thanksgiving, 4th of July, Easter, Christmas Day, Christmas Eve, Memorial Day, and Labor Day. I get her on Mother's Day and he gets her on Father's Day. Birthdays, school holiday breaks and summers have never been addressed. I have tried to get BF to see his daughter more but he refuses. In January of this year, I sent him a letter outlining all of his weekends and offering him more time - like if there is no school on a Monday following his weekend he could keep her til Monday - he was working nights at the time. I also asked him to trade a weekend in July because we have a family wedding and also asking him to take her the weekend following the wedding but starting on Thursday instead of Friday. I waited over a month for him to respond to my letter. I finally asked him about the letter and he responded that he threw it away because he does not plan anything ahead of time. I was not asking for answers for every offer right away more like let me know when it gets closer but her refused. Jerk. My order is from my divorce and from taking BF back to court a couple of time to fine tune everything.

My SO has his BS 6 months every Sunday for 4 hours. He and his ex are still working out the details before using mediation. Right now negociations stopped at the end of April and we are again waiting for BM to respond regarding choosing a mediator. They are court ordered via the divorce decree to try to work it out before using mediation or the courts.