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Not willing to negotiate.. what next?

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profmum

Senior Member
What is the name of your state? CO
Dad and I have 50-50 for our 4.5 yr old DD. Our parenting plan is a 2,2,3 for weeks 2 and 3 and a 3,4 for weeks 1 and 4. We agreed to this plan in mediation in Aug 2007. Dad got a new job in Oct that requires travel, dad wants a new travel plan that goes like this:
Month 1: Parent has has M-Thu for 3 weeks in a row, Parent B has weekends (starting Friday), in week 4 Parent A has M-Sunday of the following week. In month 2: the schedule reverses for Parent A.

Dad filed an emergency motion 2 weeks ago requesting the courts to adopt his plan as he is in jeopardy of losing his job since he is not travelling for work (in the times he has been travelling, I have been taking care of our DD). Prior to the we had set up a time for mediation and requested Dad for his travel schedule to figure out what the best plan would be for DD. Dad refused, mediation got cancelled and then Dad filed his emergency motion.

Courts ordered us into mediation and ordered Dad to provide me a travel schedule.
His schedule outlines the places he has to travel (city x for meeting y, city y for briefing z etc), with no dates and times and states he has to travel between 3-5 days per month. Dad says he does not know dates and times of travel as they are ordered by his boss verbally sometimes with little notice. In other words, Dad does not always get to "plan" his travel.

In order to avoid yet another lengthy court battle, I talked to Dad and suggested the following options:
1. 2,5 plan (gives him 3 days to travel every other week).
2. a week on, week off (thanks to this forum!, gives him every other week to travel).
3. Up tp 5 make up parenting days per month that we decide upon.

This was a conversation I had with Dad prior to our mediation on April 25th. Dad is stressing he needs a resolution quickly or he loses his job. I remind Dad, i want to work with him, and he is choosing not to travel for his job right now. Dad tells me that he is going to be travelling "way more than 7 days a month" and that is why his plan is the only one that will work, but the times he will travel are unknown .

Dad rejects all these options and wants only his plan, which I do not agree is a workable 50-50 plan. The week on, week off makes the most sense.

My question is :
1. if Dad is planning to travel more than 7 days a month and his travel schedule cannot be planned but is more "ordered", is a 50-50 schedule possible? Also if his schedule is unpredictable, why would any plan be better than what we have.
2.Dad has stated that he will attend mediation because we are ordered to, but will not accept anything but his plan.Since it looks like mediation will be a bust, does it make sense to get a GAL involved? We have no other issues about our DD except the parenting plan, DD is well cared for by both of us.
3. If mediation is a bust, the courts will set it for a hearing (I think), any thoughts on how the courts might proceed?

Finally, Dad states that if he loses his job because I refused to accept his plan, I will responsible for child support based on $0 income for Dad. Is that a legitimate threat? I dont see how his choosing to not travel for work and thereby losing his job is my responsibility?
 


Humusluvr

Senior Member
Finally, Dad states that if he loses his job because I refused to accept his plan, I will responsible for child support based on $0 income for Dad. Is that a legitimate threat? I dont see how his choosing to not travel for work and thereby losing his job is my responsibility?

What a crock. And a dumb threat.

You could always stick to the original parenting plan, and he could incur child care expenses for when DD is with him, but he is out of town. It sounds like he is the one unwilling to work out an agreeable schedule.
 

CJane

Senior Member
Oh good lord.

YES, get a GAL involved if possible.
YES the week on/week off makes the most sense.
NO you will not be paying support based on $0 income for him if he becomes VOLUNTARILY under/unemployed.

He SAID he'd be travelling 3-5 days/month and now it's 'way more than 7'? Which is he going to swear to in court?

The schedule you guys currently have is unweidly and weird - I know though that you say it works for y'all - but the one he's proposing is CRAZY. Poor kid has no stability at all, and while that may not be an issue NOW, it's going to be soon. I promise you that.

My thoughts on how the courts will proceed absent an agreement? You'll likely keep something close to a 50/50 schedule since that's what you were ordered to come up with originally... but it's not going to be the schedule you have now. It's likely to be a week on/week off schedule or a 4/3 e/o/w schedule.
 

CJane

Senior Member
CJane what is a 4/3 e/o/w schedule look like?

For example...

Week 1/3: Mom has S,M,T Dad has W,T,F,S
Week 2/4: Dad has S,M,T Mom has W,T,F,S

It still comes out to a 7 day on/7day off schedule, but with time for the child to be with each parent each calendar week.
 

profmum

Senior Member
For example...

Week 1/3: Mom has S,M,T Dad has W,T,F,S
Week 2/4: Dad has S,M,T Mom has W,T,F,S

It still comes out to a 7 day on/7day off schedule, but with time for the child to be with each parent each calendar week.

I like this option too... will add it to the list!
 

profmum

Senior Member
Another option that doesn't require quite so much is...

Mom: EVERY M/T
Dad: EVERY W/Th
F,S,S switches.

Still results in 50/50 split.

that is the 2,5 plan I mentioned .. to me that is consistent as well so DD knows every Monday she is with Mum etc and makes it easier to plan activities as she gets older. It gives dad 3 days to travel every other week and even 5 days if he wants to travel on the weekend.
 

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