Matthews, NC asked in Family Law and Child Custody for Oregon

Q: Can a judge approve only 6 weeks parenting time?

After the last custody hearing I found out my mother has cancer and have moved across the country to help her. My ex is making it difficult to see my son again. I petitioned to modify parenting time and she has counter petitioned. asking for me to be allowed to see him for 5 weeks in the summer and spring break only. I pay all of the travel costs. I am filing bankruptcy at the moment and her and her husband together make about 6000 a month. I pay all my child support on time and have paid all the travel costs for when she allowed him to come once 7 months ago. Can the judge really stop me from ever seeing my son again at christmas?

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2 Lawyer Answers

A: The Judge is not going to stop you from seeing your son at Christmas. The problem is that your child needs to live primarily in one location when school is in session. Also the age of the child is a factor and you didn't say how old your child is. It would be reasonable to split the Christmas holiday break in half, if it is normally two weeks for your son, and take turns as to who gets your son on Christmas eve/day, like every other year. You son probably would not appreciate having to go to the airport exactly on Christmas eve or Christmas Day every year as it ruins his holiday too, so be considerate of your son and try to plan a way to share the winter break so you both get time with him but he isn't going crazy with the plan. I would look at the calendar which you can look at from now until the year he turns 18 an see what day of the week that Christmas is falling on for the next few years. You won't know exactly what the school break schedule is but maybe you can make an educated guess and figure out a rough way to write the plan with the understanding that it will get modified when the winter break from school schedule is actually know.

You are legally entitled to petition for a modification of the child support you pay to allow for your estimated travel expense incurred to fly your son to your location. So consider filing a response that proposes your parenting time plan and your motion to modify the child support order. I strongly recommend that you hire an attorney to help you write this up because it will be better received by a Judge if it is fair and well written. You don't have to hire the attorney to appear in court if your funds are limited, but having professional drafted documents filed on your behalf will really help.

The Judge will want to give you as much time has the court can to foster your relationship with you son. You just need to put a reasonable plan in front of the Judge. Also be aware that you can come to Oregon to see your son outside the time that your son is coming to stay with you, so be sure to include a provision that allows you to visit your son when you come to Oregon, with reasonable notice to the mother of course so it won't be a last minute change of plans in her life and your son's life.

A: There is another issue here, and that is you are dealing with your mother's medical crisis and potentially her death. This is part of life, but consider how it will impact your son to be around this during his visits. I am not saying that he shouldn't come and be with you as that is very important. But I am saying, and again I don't know his age, consider if giving up a summer with his friends doing sports and other recreation is going to go over well for him when the alternative is to be waiting around hospitals while his grandmother undergoes chemo therapy. I guess the question you have to ask yourself is how to you want him to look back and remember his childhood. If grandmother's condition is not going to be the focus of your time and attention during your son's visits, then maybe this isn't such a problem. I just don't know.

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