I have 50-50 custody.My ex will not trade days when i have work travel resulting in less than 50% @moms.Can he do this

Question

I am a CEO and have had the same job since pre-divorce 5 years ago.  I am gone 2 full weeks in Jan and July and because he won’t trade, kids have mom tome for 4-5 days those month and are very upset. For the past 2 years he openly ‘refuses to trade’ because ‘he doesn’t have to’. We use a 5-2 schedule.  When I engage him on this being unkind, not good coparenting he says ‘take me to court’. I do not know how to solve this. I consulted an attorney who said I was given a tough judge at time of divorce and he may rule that dad does not have to make changes to accommodate me as I ‘know in advance when my child says are.’ And worse he may say that I shouldn’t have 50-50 because two months of the year I am not with my kids 50% of the time. That was a devastating answer.  Dad tells children ‘mom chooses work over you’. The dads refusal to change is purely to be uncooperative. Thanks for your guidance.

Rand Scott Lieber · Answer

You do not mention the ages of your children.  Presumably your parenting plan has a right of first refusal clause.  Once you offer the children to dad and he says no then the responsibility is yours.  Without blaming dad you need to explain to your children that this is part of your job and that they will have to stay with grandma, end of story.

Q: I have 50-50 custody.My ex will not trade days when i have work travel resulting in less than 50% @moms.Can he do this