Can I Make Up Lost Parenting Time With My Children?

After your divorce, if there are children involved, each parent will have designated parenting time (sometimes called “visitation time” or “parental access time”). For example, one parent may have alternating weekends plus weeknight visits, or each parent may have 50% of the time with the children.

Oftentimes, either the non-custodial parent will lose some of their parenting time due to illness, work or some other valid reason. Whether or not that parent is entitled to “make up” time, depends on two factors: (1) Does the divorce agreement address “make up” time for the non-custodial parent’s missing parenting time? and (2) The relationship (or lack thereof) between the two parents.

In most divorces, there will be a divorce agreement (usually called a “Stipulation of Settlement”). The agreement will specify when each parent has parenting time with the children. The agreement can also have a provision for make up time.

However, typically, make up time is for when the custodial parent takes a day or a weekend “away” from the non-custodial parent. This, happens when there is a holiday, birthday, or other special event that takes away from the non-custodial parent’s parenting time. In those instances, the non-custodial parent is “due” make up time as it was the custodial parent who was “at fault” for the non-custodial parent missing parenting time.

In contrast, it is extremely rare for a divorce agreement to address or allow a non-custodial parent make up time for when the non-custodial misses time due to the non-custodial parent’s “fault” (meaning, illness, work or other reason). In those instances, the reason for the missed parenting time was due to the non-custodial parent’s action.

Therefore, unless your divorce agreement explicitly states that the non-custodial parent is allowed make up time due their own illness or other valid reason, in order to obtain make up time, in those situations, is to rely on the relationship between the divorced parents.

If you are lucky enough to have a working relationship with your ex-spouse, then you can always request make up time or to switch parenting time with your ex-spouse. Of course, your ex-spouse is under no obligation to give you make up time, however, perhaps they will realize that in the best interests of the children, it is best that they have as much time with both parents as possible.

David Badanes and the Badanes Law Office, P.C., have the knowledge and experience to make sure that you receive the best parenting time schedule as possible. If you need an aggressive attorney to represent you in your child custody dispute, then contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

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